Show oed CED IV C 13 T I 1 T 1 U OP OF THE ii STA U SW ur OF DESERET d il IL IRO TO BE AMENDED I 1 kitt ui i jhb p people elb elo p I 1 e to the tb sul a pro tor for tue tuo teo tee enjoyment of life I 1 and mercy meres an andi anti feeling our ap dependence orr on him aora rora fora for a continuation pf af those ble bic blessings i do dos ordain and establish the following constitution 1 7 I 1 L i ARY AND NAME 4 AH mat part of the terii teril tertiary of the linned united states geates bounded as fo IQ beginning i on the tho paralle paralie lo 10 norih north orth latitude whereat I 1 it intersects Intersect ij t the I 1 meridian of west from w ash jiin agton or the meridian pf af longi nde west from greenwich thence west roni 1011 on bald baid salo parallel to the meridian of west from washington jor the ahe meridian of iongi longitude tude west from greenwich thence north on said meridian to its intersection with the 40 cid kid ad parallel of north latitude thence sald said parallel paral led toted to the sand meridian of longitude west from washington or the meridian of longi longitude tudd west from greenwich thence south an on said meridian to the place of bo beginning ginning ds ils hereby formed into a free and sovereign nate mate and named DE DESERT sERgT ARTICLE II 11 declaration OP OF RIGHTS BIGHTS SEC see 1 in republican governments all men should posses their natural 1 tights bights adiong among which are those of ofen afen en and defending their life and andlini lib larty earty ac acquiring quirin possessing and protect ng property and of seeking and obtaining their safety and happiness f bec fec PEC ec 2 all political poli tidal power is in doreff t in the people and all free governments are founded in their authority and instituted for their benefit therefore they have an inalienable and nde feasible defeasible right to institute government and to alter reform or change the tho th elmo oAme when their safely happiness and the public good require it SEC 3 all men have a natural and inalienable right to worship god ac cording to the dictates of their own consciences and the general assembly shall shail make no law respecting an establishment of religion prohibiting or the free exercise there thereon thereof gf or to disturb any an r person in his religious beligio us worship borshi p or sentiments and all persons demeaning themselves peaceably ace aee ably as good members of this state shall shail be equally under tho the protection of the law laws and lud no subordination or preference of any one sect or denomination to another shall ever be established by law nor shall any religious test be over ever required for any office of trust under this constitution SEO sea 4 every person may speak write and publish his sentiments on all subjects being responsible for the thy abuse of that right fand and no law shall be passed to abridge the liberty of speech or oro of the press sra sr seo o 5 0 the people a hall shall be secure in their persons houses P papers apers and possessions from unreasonable searched searcher and seizures SEC sf 2 6 the right of trial by jury shall remain inviolate and all prison ers era shall bo be heard by self or counsel at their own election and no person shall bo be held to answer auwen a capital or otherwise infamous crime unless on presentment or indictment of a grand jury nor shall any arLy person be subject for the same of netice retice to be twice put in jeopardy of life ilfe or limb nor be compelled in any criminal case to boa witness against himself SEC 7 all penalties and punishments sha shall I 1 I 1 be in proportion to the of ft fence fenee and all ofTen otten of fences ces ees before conviction shall be except capital of fences where the proof is evident or the presumption great excessive bail sh shall shail not be required SEC 8 the writ of habeas corpus shall suspended unless in case of rebellion or invasion or the public safety shall require it and then only as provided by legislative enactment su see SEC 9 f treason against this state shall consist in levying war against ginst it or adhering to its ita enemies ene inies or giving them aid and comfort SEC SE c 10 the general assembly shall pass no bill of atta attainder inde r or ex post post yost facto law nor law impairing im paring the obligation of gon Von contracts tracts seg sep 11 the law shall not be susi sus but by legislative authority ftc SEC 12 the ehe petition by the people shall be preserved inviolate SEC 13 the right of citizens to keep and bear arms for common defence shall not bo be questioned 1 SEC 14 1 private property shall shail noi not ot betaken betoken be taken for public use without just compensation SEC 15 ko no stal standing iding army ghail khall hallbe be kept up in this state in time of peace and the aultia multia litia shall shail atall at all ail times and in all places be in strict to CV civil power sed SEC 16 the enumeration of certain rights shall not be construed to impair or d deny epy eny others retained by the people I 1 XV I 1 i I 1 1 i the powers of government of the state of Desere deseret fc shall be divided into three ahree distinct departments viz legis active dative executive and judicial j tv IV OF atie aale legislative TI SEC 1 the legislative authority shall be 46 vested in a general assemble Assen ibl ibi con eon bitting of a senate and house of depre senta tives the members of which shall be e elected by the people I 1 SEC 2 the sessions of the general assembly bhail shall be annual until otherwise provided by legislative enactment enactment and the first session shall be as hereinafter provided v N SEC 3 the members menders of the house of depre 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 copti nue four years from the day of their election I 1 SEC 5 no person shall be a member af 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 las has at t his election a residence in the he may be chosen to represent SEC 6 the general assembly shall lave power to prescribe the number and nake make an apportionment of senators and representatives provided the number f senators shall not be less than one hird bird or more than one half of the tives and at its first session aeh each ach house of the general assembly shall respectively be divided divid edby by lot as equally as may be into two classes ille lile the seats of the representatives of tho filst 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 I 1 and judge of the qualification election and return of its own members SEC 8 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 i of absent members iu in such manner and under such penalty as each house may provide SEC 9 E each ach house shall have all powers necessary for a branch braach of tho 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 SECAL SEC bec 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 maybe may be sitting SEC 13 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 bo be again passed bysa byla majority of two thirds and any bill vetoed by the governor shallie shall shail bo 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 assed massed by the general assembly shari shaH 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 co the voters of this state shall elect thirteen senators and twenty six representatives in the manner members are now elected to the legislative assembly ot of the territory of utah and according to the apportionment made by the legislative assembly during its eleventh annual session in 1861 63 62 all subsequent elections shall shair bo 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 thee constitution of the united states and of this state seo SEC 17 it shall be the duty of the general assembly to elect two senators to congress as prescribed in sec see 3 article 1 of the constitution of the united states SEC 18 the tho representatives shall have the sole power of impeachment a and nd the senate shall ahall have the sole power to try impeachments impeach ments when the governor orb ord oi Lieuten lieutenant atit governor is tried under impeachment the chief justice shall preside no person shall be convicted under impeachment with out the concurrence of two thirds of the members present I 1 ARTICLE articie E V I 1 I 1 OF tiie THE EXECUTIVE SEC 1 the executive power shall shail shall shail 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 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 theouties 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 bu business siness with theoff the meers officers of government civil and military and may require information in writing from the tho officers of the executive department upon any subject relating to the duties of their thein respective offices SEC 6 he shall shail use all dued due diligences for the faithful execution of the tho I 1 laws aws SEC 7 when any offee office shall from a any ny c ause cause become vacant aldno and ano no mode is j 4 prescribed by bythe the constitution or laws r for or r filling sueh such vacancy the governor shall have power to fill fili such vacancy by appointment which shall expire when such vacancy shall be filled by due course of law 1 SEC 8 he shall also have power powen to convene the general assembly by proclamation pr 0 cla mation when in his opinion the interests of the state require it 11 sec 9 he shall communicate bymes by message to the tho general assembly at every session the condition condit ibn of the state sta te and recommend such nia measures tas las as he hb in his bis wisdom shall deem expedient SIC SEC 10 in case of disagreement in the general assembly with regard to the time of adjournment the governor shall have power to adjourn the session by proclamation SEC 11 no person shall while holding any lucrative office under the united states or this state execute tha the office of governor SEC 12 the governor shall hav have power to grant reprieves and pardons and commute pun punishments sh ments except in cases of impeachment SEC 13 there shall be a seal of this state which shall he kept by the governor and be used by him officially and bo be called great seal of the state of deseret SEC 14 all grants and commissions shall be in the name of the state of deseret shall be sealed scaled with the great seal of state be signed by the governor add countersigned counter signed by the secretary of state SEC 15 A secretary of state treasurer auditor of public accounts and attorney general shall be elected by the general assembly and shall continue on in office for the term of foury four years jars and shall perform such duties as may be assigned them by law SEC 17 in case of impe impeachment aShment of the governor his removal from office death resignation or absence from the state the powers and nd duties of odthe the office shall devolve upon the Lieu lieutenan lieutenant t governor until such disability shall cease or the tho vacancy be e filled ARTICLE VI va OF TIIE THE JUDICIAL SEC 1 the judicial power shall be vested in a supreme court circuit courts probate courts and such other oth er courts as the general assembly assemblyman may from time to time establish which halt hait hall have such jurisdiction j and exercise such uch powers as may be prescribed by bi law SEC 2 the supreme court shall consist of a chief justice and two associate justices two of whom shall shail beta bea bela quorum to hold bold courts SEC 3 the supreme judges shafi shaft bo be elected by the general assembly for the term of six years after the first election under this constitution at ald aid said all first election one an e shall i ke be bla bia elp elected eted for two years one for four years and one for six years see sec 4 the judges of the Sti premo court shall be conservators conservatory conserva tors of the peace throughout the state and alid shall e exercise such other jurisdiction and appellate powers as us i shall be prescribed by law SEC 5 the style of all process shall be isgate sate of deseret and all criminal kl prosecutions shall be in the n name ame amo of ohe the e state of deseret dekrell ARTICLE vit vl OF ELE ELECTIONS SEC 1 all male citizens of the united states over twenty one years of age having a residence of six months in this state shall be entitled to vote SEO sea 2 0 electors shall in all cases except treason felony or breach of tho peace be privileged from arrest on the tho lays days of election during their attendance atten dauca danca at such election and while going to and returning SEC 3 no elector shall shail be obliged to perform military duty on the day of election except in time of war or public danger SEC 4 no person in the military naval or marine service of the united states by being stationed in any garrison barrack military or naval place or station within this state shall be entitled to vote unless otherwise provided for by law aw see sec 5 the first general election under this constitution shall be held on ou the first monday in march next 1867 1867 for the presentation of this constitution to be accepted or rejected by the electors and for the election of a governor gov i arnor lieutenant governor representative to the congress of the the united states and members of the general assembly as provided vidad for in this tills constitution 9 said baid nrc election ebion shall be conducted in aa accordance eor cor dance with the existing laws of the territory of utah and the returns made 1 secretary or either dither of the assistant secretaries odthe of the convention framing and adopting this constitution who ho shall so soon as tvs the returns are received and md in the presence of the president or any three members of said convention examine them and determine whether whither a majority of votes vit vat a are for or ltd against duhig collat |