| OCR Text |
Show THE CONSTITUTIONAL CON-' VENTION. j SIXTH LAY Saturday, Feb. lil, FSTi Convention met according to adjournment; adjourn-ment; roll called; quorum present. Urayer by Elder M. li. Shiny. Juiiraal of Fridav read and an- prnved. The rep.jrtri of tanding committees were called, when several handed iu their reports, which were read, referred re-ferred to committee of the whole, and ordi-red printed. Mr. Erb, member elect from Weber county, appeared, was sworn aud took his seat. The president announced that the oath taken by the members of the convention was engrossed ready ibr their signatures, and they were requested re-quested to come by counties during the day and atlix their names to it. Mr. Miner presented the following : Kesolved That the legislative power be vested in a general assembly, which shall consist of a senate and house ot representatives. lie said the reports of the several committees am Hinted with regard to ttio term by which tho legislature ot the proposed Stato was designated, and this wis offered to secure unifor mity. The resolution was referred to the committee on schedule. The convention resolved itself into committee of the whole, for the consideration consid-eration of article 11, "right of suffrage," suf-frage," Mr. itichards in the chair. The first section was read, and Mr. 0. 1'ratt moved to amend, by adding " male or femalo " after United Stales." Mr. liockwood moved to strike out the word "every" in the tirst line, and add the word, "all persons male and female," belbro tho word 'citizen," and add tho letter ."a" to tho word "citizen." Mr. Cannon explained that the committee com-mittee understood that the word citizen citi-zen covered both male and female. Mr. Pratt said tho naturalization law showed that women were considerod citizens, yet they could not voto in the several States. Mr. Fitch said tho right of citizenship citizen-ship did not include tho right of suffrage; suf-frage; but the arttclo in question provided pro-vided that every citizen of the United States which, as women were citizens, included men and women who has resided re-sided in tho Stato six months, &o., could vote. If the gentleman would read tho constitutions of tho different States he would Und they read "every white inalo citizen," or where tho word "white" was stricken out "every male citizen," a restriction which prohibits women from exercising suffrage. As the language of this article stood, it admitted ad-mitted all citizens, male or female, with tho necessary restrictions, to the richt of suffrage. Mr. Kich said, with all due respect to the gentleman, if it said male or female fe-male there could be no mistake about it; and if they meant that let them say so. Judge Ilogc said the gentleman who had proposed tho resolution had declared de-clared that women aro citizens, if native na-tive born or naturalized, and thi3 language lan-guage distinctly says "every citizen" can vote. It would be as proper to say "every man and woman, male and female." If a woman were a citizen she had the right to vote and no legislature legis-lature could tako it from her; and if a man were not a citizen he could not vote. Cencral liarnum desired the constitution consti-tution to bo as simple in language as possible, aud yet to express plainly the sentiments cf the convention, lie believed be-lieved that women would bo entitled to .... ,i ,. 0 0tl- x-m :is trentlemen desired to havo the language more explicit, nc wouta vote for Mr. l'ratt's amendment, and against Mr. Roetwood's amendment which seemed to-bo needless surplusage. surplus-age. Judge Snow did not doubt that the word citizen included both males and females, but as there cvidontly were doubts, that tho sense of tho convention conven-tion might stand clearly out he would vote for Mr. Pratt's amendment Mr. Thatcher sustained the amendment, amend-ment, I Mr. Fitch would suggest that if the convention adopt the amendment, it should be made to read "malo and female." fe-male." Mr. II. D. Johnson wished that there- should bo no doubt on the mat-1 ter. It was not clear that there was no doubt concerning tho word "citizen;" . and ho considered an explicit expression expres-sion of the sense of the convention would obviate iuturs difficulty. Mr. Pratt's amendment was adopted. Mr. Thurber moved to strike out the word "upward" in the third line and insert the word "over." The change was accepted. General Baraum moved to strike from the second section tho words "at publio expense." Tho amendment prevailed. Mr. Porter moved to amend the second section by inserting the words "or her" after "his," in tho second line. tieneral Earnum would amend by striking out tho word "his." His amendment prevailed. Mr. Johnson, at the request of one of his constituents, offered the following follow-ing as an amendment to the fourth section sec-tion ; "Provided, that no law shall be enacted nurturing that any mark shall lit 'rwiiiiivd tn ho nnf, on &nv hsllot, nf- fered by any voter, by which the person per-son voting may be recognized." It did not express his own views on the matter, mat-ter, and he would not be bound by it in voting. Mr. Cannon hoped this motion would not prevail, lie thought there was no prejudice more absurd than the one which existed against numbering the ballots. It maintained the purity of election, and with a registration law provided for in section rive would have the effect still further to do so. Mr. Fuller inquired how the numbering num-bering of the ballots would preserve the purity of the election? Was it not rather to show in what direction a person per-son voted? Judge Snow said a man who was conscious of his rectitude had no cause to hide his rote. If they desired to have ballot-boxes stuffed then let the ballots bo unmarked. General Earnum said if there was anything in tho whole range of public duties, to which he would apply the rule of alms-giving "Let not thy right hand know what thy left hand doeth," it would bo in casting baiiots. He proceeded to draw argument from his personal knowledge knowl-edge and experience that majorities have sought to control elections by in-; in-; timidatiou and coca-ion. lie strongly j favored the utmost secrecy, and quoted j that in Ohio they have a law which I prohibits the offering of any colored i ballot; nothing but clean, white paper ; must be used; a law deemed necessary m consequence of the manner in which elections had been conducted. . Mr. Fuller remarked that in one eastern State it was made a misdemeanor misde-meanor for a moderator of election to even turn over the ballot to look at the names. ; Mr. Fitch reasoned from election experience in Nevjdi, in favor of the utmost secrecy in votin;; and held that the law requiring the numbering ' of bailees was liable to great abuse. He certainly wouM favor the amend-: menu J Mr. Pratt was opposed to the mo- j tioa because ha considered it wis aj subject fur the action of the legi-laturc. He did not aree with the gentleman who had last spoken, that the bailut was necessarily a se'tret mode of voting, lie also believed ihat in several States a bimilar provi-ion was in force, aud found to work effectively. Col. Akers moved to amend by inserting in-serting the w.jrd ''secret'' before the word "ballot" in section four. He was in Columbus. Ohio, when the law re ferred to was paed. It would recur j to members that it was impossible in . old States like Ohio and Pennsylvania, ; where there were iartre factories or bodies of laborers working together, to get an honest exprc.won of public opinion unless with the strictest secrecy. se-crecy. Utah may not have been in need of such a provision in the past, but it would yet have large factories and large numbers of laborers, as in other States, wurking under one employer.' em-ployer.' 'ibis con.-titution was being framed for all lime, and he desired to see a supreme law adopted for the Stato that would protect all alike and secure an honest representation of the wishes of the people. The c.itumittce arose, reported pro- j gress, aud asked leave to sit again. Leave granted. , . -P-m- I The convention resolved itself into j committee of the whole, Mr. Thurber in the chair. Mr. Uoekwood proposed a plan of a registry law which he thought would accomplish the object of secrecy and purity of the ballot b:tx required; and moved the waiving of the consideration of the fourth section to pass to the lil'th section, in which a provision was embodied for a registry law. Mr. Johnson accepted the motion. Tho fifth section wus read. Mr. Johnson moved to amend bv inserting in-serting after tho words "returns of the same," "provided that in all cases the registrars provided for under this section shall he elected by tho electors of the respective precincts." Mr. Fitch could not see tho propriety propri-ety of inserting the- words, It is the custom in many places to make the justices of tho peace registrars; this amendment scorned like binding the legislature in Jtoo small a matter. Mr, Koekwood thought tho legisla ture should provide (or the election or appointment of registrars. Mr. Johnson supported his motion, lie had lived in a State where a registration regis-tration law was in force, and where ho found himself subject to the mercy of partisan registrars. He looked forward for-ward to the future, to a time when the great political parties of the country would como in conflict in tho State of Dcscrct- He had seen where election elec-tion registrars were able to decide an election before it was held; and ho desired de-sired the people to have control of this matter instead of the politicians. Mr. Farr was in favor of sections four and five as they stood, and leaving the matter in the hands of the people in the persons of their representatives, in legislative capacity. Mr. Fitch did not see that elected registrars would bo any the less partisan. par-tisan. Mr. J. W. Young thought if the convention could make an honest official offi-cial out of a dishonest man, they might take credit to themselves for having accomplished something that had never been dono beforo. He did not think the convention was required to pass a code of laws, but a fundamental funda-mental law as a basis for future legislation. legisla-tion. He favored the two sections as they stood. General Barnum appreciated the reasons advanced by the mover of the resolution, yet ho agreed with the remark re-mark made that partisans were as likely to be elected as appointed. He very lucidly advocated leaving tho matter to tho legislature. The amendments to the fourth section sec-tion vieie .iutu ut.tJ aii. Fuller was opposed to Coloucl Akers' motion, because the inserting the word "secret" beforo "ballot" would preclude pre-clude any elector from open voting. Further discussion ensued, participated partici-pated in by Mr. Pratt, Gen. Barnum, Mr: Morrison, ofjevicr, Mr. Cannon and Mr. Johnson; after which Colonel Akers withdrew his substitute, to allow a vote to be taken on Mr. Johnson's John-son's motion. Mr. J. W. Young read from the election law of the Territory of Utah, to show that the ballots were not pub-lie pub-lie property, but had to be destroyed. Judge Snow had no particular objection ob-jection to some such restriction, but , still favored the matter being left to the legislature. Judge Uoge offered as a substitute, . to be inserted after the word "ballot," "printed or written on white paper on which there shall be no mark or name by which one ballot may bo designated desig-nated from another." Mr. Johnson accepted the substitute. Mr. Cannon wished tho reasons for his opposition to the amendment placed on record. Tho law at present in operation in Utah had existed nineteen nine-teen years and had worked well; and he did not wish it to appear that this constitution was in this respect different differ-ent to the constitutions of other States. Mr. Fuller criticised the position of Mr. Cannon, and said he had lived in a community where a system of espionage es-pionage over the ballot existed, aud there were a great many slaves there. He alluded tothc manner in which the operatives of Massachusetts, Pennsylvania, Pennsyl-vania, and other States were driven to the polls and voted. Kef erring to the Amoskeag corporation in New Hampshire Hamp-shire lift Slid ho hn.l won nn T,,-ln control tho votes of fourteen hundred men whose subsistence depended on the manner in which their votes were cast, lie desired that the right of franchise should be controlled alone by intelligence. Mr. J. -N. Smith had heard of "kitchen legislation," and as it had been intimated that this section might cause division between husband and wife, he thought this was bringing it down to that. His constituents were of a class who were not likely to be intimidated; in-timidated; and should the people degenerate de-generate so that such legislation was necessary, he was willing to trust it to the legislature. General Barnum spoke from the experience ex-perience of the United States for near- i ly a hundred years and from his own experience in political parties for thirty-rive years; and the result of such j experience was seen in the fact that secrecy was found to be necessary for ' honest voting. j Mr. Carrington gave the fullest credit for honesty and zeal to those in favor of the motion, and he hoped ! they would give him credit for equal honesty in criticizing their great argument argu-ment : intimidation of the poor by the rich. The rich had only to supply "thcir operatives or employes with the" required re-quired ballots, march them to the polls and vote them, as Mr. Fuller said he had seen done io New Hampshire.and where was all this safeguard of secrecy? Dishonest men cannot be leeislated into being honest men. lie wished the matter to be left for the legislature to act upon. Mr. Fitch contended that tho Territorial Terri-torial law was of iLseif a kind of registry regis-try law, which provided for purging the ballot box alter election, if necessary; neces-sary; and the registry law proposed was dei-ned to prevent impurity of election in advance. He advocated : the insertion of & clause prohibiting ; the future legislature from passing any j law that would deprive the ballot of its secrecy; and he did think that section sec-tion as it stood would be construed so that the passage of any such law would be deemed uji&siiiUtuuonaL Tho discussion continued, Mr. M liner, li-ner, Mr. Carrington, Mr. Johnson, . Gen. Barnum. Mr. Miner, Mr. Fuller, Mr. J. W. Young, Mr. Orson Pratt, Judge llojw, Mr. Cannon, Mr. Farr and Mr. Caine participating, after j which the motion was put and lo.-t Article three, "distribution of pow-j pow-j ers," was approved, j Mr. O. Pratt introduced a new article on the rights of marriaire, which i he wi.-hed incorporated in the bill of , riulus. Without action on it the com- mittee rose, reported progress, and I a-ked leave to sit again. Leave granted. Mr. Jesse Haven gave notice that on Monday ho would move for evening sessions. The convention then adjourned till Monday, :20th, at 10 o'clock a.m. |
