Show OF THE STATE OF deverell SERELl DE ORDINANCE wei we the people of the territory of utah do ordain as follows and this or dinucce shall be irrevocable irre without the consent of the united states and the people of the state of deseret first that wo we adopt the tion of the united states second that there shall be in this state neither slavery nor involuntary servitude otherwise than in the punishment of crimes whereof the party shail shall have been duly convicted third thira that perfect toleration of religion shall he be secured and no inhabitant state shall ever be molested in in irison person penson or prope property arty on account of his or n her r mode of religious worship yourth fourth that the people inhabiting said te territory do a agree ree and declare beclar e i that they forever di disclaim all right an and d title to the public lands lying within said territory and that the same fame shall be and remain at the sole and entire disposition of the united states and that lands belonging in to citizens of the united states residing sg ng without the said state shall never be taxed higher than the land belonging to residents thereof and that no taxes shall be imposed by said state on lands ov or property therein belonging to or which may hereafter be purchased seaby by the united states fifth that such terms if any as may to le prescribed by bi congress as a condition of the admission of the said state into the union shall if ratified by a majority vote of the people thereof at such time and under sueh such regulations as maybe may be prescribed by this convention thereupon be embraced within and constitute a part of this ordinance PREAMBLE wi we the people of the state of oades des ere eret grateful to almighty god for our fre pre freedom e omi in order norder to secure its bless ings insure domestic tranquility and ahia form a more perfect government do establish this constitution article L 1 declaration of rights seo see 1 in republican governments overn ments all men should possess their their natural hights rights gats among which are those ing lug log ing and defending their lives and liberty acquiring i possessing and ana protecting ing property and of seeking and obtaining taini big fig their haret baret safety and happiness sm sec 2 all political power is inherent in the people and all f free ree governments are founded in their authority and ana instituted for their benefit therefore they have an inalienable right to institute government and to alter reform or change the same when their safety happiness and 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 see 3 the right of trial by jury shall be secured to all and remain remain in inviolate forever but a jury trial may be waive waived dby by the parties in all civil cases in the manner to be prescribed by law and in civil cases if three fourths of the tho jurors agree upon a verdict it shall stand and have the same form force and effect feet as a verdict by the whole jury provided the legislature by a law passed by a two thirds vote of all the members elected to each branch thereof may require a unanimous withstanding this provision sec see 4 the free exercise and enjoyment of religious profession and worships worship shall without discrimination or state preference reference forever be allowed in this orate and no person shall bo be rendered incompetent to be a witness or juror on account of opinions on matters of religion but the liberty of conscience hereby secured shall shail not be so construed as to excuse acts of licentiousness or other cr crimes e or justify practices incon sistena artent zith with the peace or safety of this state EM sec 5 the privilege of the writ of habeas badeas corpus shall not be suspended unless when in cases of rebellion or invasion the public barety safety may require its suspension sec bec 6 excessive bail F shall hah ean not be required u nop noi nor excessive fines imposed nor r shall shai i cruel oi or unusual punishments be inflicted llor ifor shall shail w witnesses be unreasonably reison ably detained sec T all ali persons shall be bb by sufficient sureties unless for capital of fences when the proof is evident or the presumption great sec 8 no person shall shail be tried for a capital or other infamous crime except in cases eases of impeachment and in in cases of the militia w when be u in actual service and the land and naval forces in time of war and in cases of petit larceny under the regulation of the legislature except on presentment or indictment of a grand jury provided tha that the legislature may by a two thirds vote of all the members elected to each house thereof abolish the grand giand jury system anything in this section to the contrary notwithstanding and in any trial in any court what ever the party accused shall be allowed to appear and defend in person and with counsel as in civil actions no person shall be be twice put in jeopardy for the same nine of fence nor shall he be compelled in an any v criminal case to be a witness against himself nor be deprived of life liberty or property without due dua process of law nor shall private property be taken for public use without just compensation having been first made or secured ex capt in cases cages of war I 1 riot fire or great public peril in which case ease compensation shall be afterward made seo see 9 every person may freely speak write and publish his sentiments on all subjects being being re responsible for the abuse of that rig night right lir and aldno colaw law shall be passed to Te restrain lestrain strain or abridge the liberty of speech or of the press in all criminal prosecutions and civil actions for libels the truth may maybe be given in in evidence to the jury and if it shall appear to the jury that the mat ter charged as aa libelous is ii true and was published with good motives and for justifiable ends the party shall be acquitted or exonerated sec see 10 the people shall have the right freely to assemble together to consult fob for the common good to instruct the their ir representatives and to 0 petition for redress of grievances sec see 11 the military shall be subordinate to the civil power and no standing army shall bo be maintained by this state in time of peace see 12 no soldier shall in time of peace be quartered in any house without the consent of the owner eor nor in time of war except in the manner to bo be prescribe prescribed dby by law sec bm 13 representation presentation Ee shall be bb apportioned according to population sec see 14 the privilege of the beator fo enjoy the necessary comforts of life shall be recognized by wholesome laws exempting a Te amount of property from seizure seizure or sale for payment of any debts or liabilities hereafter contracted and there shall bo be no imprisonment for debt except in cases of fraud libel or slander and no person shall be be imprisoned for a militia fine in time of peace see sec 15 no bill of attainder export facto law or law im impairing aln ain i ng the obligation of contracts ashall shai shat ever be passed sec see 16 foreigners who are or who may hereafter become bona jue ade residents of this State shall enjoy the same rights in respect to the possession enjoyment and inheritance of property as native born citizens see sec 17 neither slavery nor involuntary servitude unless for the punishment of crimes shall ever be tolerated in this state sec see 18 the dight hight of the people tobe to be secure in their persons houses papers and effects against unreasonable seiz selz seizures ures and ana searches shall up not t be violated and no warrant shall issue but on probable cause supported by oath or affirmation partle partie particularly marly mariy describing describing the place or places to be searched an and the person or persons and thing or things to be seized see sec 10 19 treason against the state shall consist only in levying war against it adhering to its enemies or giving them aid and comfort and anil no person shall be convicted of treason unless on the testimony of two witnesses to the same overt act or on confession in open court sec see 20 the right of citizens to keep and bear arms for common defence shall not be questioned seo see 21 no religious test shall ever be required as a qualification for holding any office of honor onor onon trust or profit under this state sec 22 this enumeration of rights shall not be construed to impair or deny others retained by the people article IL H eight right of suffrage sec 1 every citizen of the united states male and female not laboring under the disabilities named in this constitution of the age of twenty one years and over who shall haye have resided in the state six months and in the county thirty days next any election shall bo be entitled to vota vote for all officers that now are or hereafter r may be elected by the people pedre and upon all question submit submitted tea ted to the electors at sueh such election provided that no pelson person person who has been or may be convicted of treason or felony in any state or territory of the united states unless restored to civil rights and no idiot or insane insane person shall be entitled to the privilege of an elector sec seo 2 0 for the purpose of voting zo ao person shall be deemed to have gained or lost a residence by reason of presence or absence while employed in the service vice vloe of the he united states nor while engaged in the navigation of the waters of the united states or of the tho high seas nor while a student of any semi bemi seminary of learning nor while kept at any alms house or other asyl asylum uni nor while confined in any public prison sec 3 during daring the day on which any general election shall be held no qualified elector shall be arrested by virtue of any civil process and no elector shall be obliged to perform military duty on the day of such election except in time of war or public danger sec see 4 all elections by the people shall be by ballot and all elections by the tho legislature or by either branch thereof shall be utra vom voce sec see 5 provision shall be made by law for hor the registration of the names of the electors within the unties counties do of which they may be residents and for the ascertain ascertainment men mon by roper proper proofs of the tho persons who s shall bhail F entitled be to the right of suE bue suffrage rage as hereby established to preserve the purity of elections and to regulate the manner of holding and making returns of the same and the legislature shall haye power to prescribe by law any other or further rules or oaths as may be deemed necessary as a test of electoral qualification fi sec see 6 all persons qualified by law to vote for representatives to the legislative assembly of the Terri territory tory tori of utah at the date daie of the sub sab submission M of this constitution shar be entitled to vote upon the question of adopting or rejecting the same I 1 article III distribution of powers seo sec 1 the powers of the government of 01 the state of deseret shall be divided into three se separate pirate departments me the legislative the executive and the jude ial lal and no person charged with the exercise of powers properly belonging to one of these departments s shall a ali lii exercise any any functions appertaining lne inz to either elthor of the others except in t the e cases herein expressly directed or permitted article IV uty legislative Depart department departie me sec see 1 the legislative authority of this state shall be vested in a legislature which shall consist of a senate and house of representatives and the sessions thereof shall be held at the seat of government sec see 2 the sessions of the legislature shall bo be biennial and except at the first session thereof shall commence on the second monday in january next ensuing the election of members of the house of representatives unless the governor shall convene the le legislature li slature by proclamation see sec ec 3 the members of the house of representatives shall be chosen biennially by the qualified electors of their respective counties or districts on the first mond monday a in august nna and their term of office sh shall all ali be two years from the day next after their election sec see 4 the senators shall bo ba chosen at the same time and places as the members of the house of representatives by the qualified electors of their respective counties or districts and their term of office shall be four years from the day next after their election provided however that the senators elect at the first session of the legislature shall be divided equally into two classes as nearly as may be and the seats of senators of the mair ferst first st class shall be vacated at the expiration of two years yearb those of the second class at the expiration of four years so that one half as nearly aa possible ereser 0 le shall be chosen biennially ohp thereafter and in case of increase in the number of sena eena tors they shall be so annexed by lot lof to one or the other of the two classes as to keep them lis as equal as practicable sec see 5 the first legislature shall consist of thirteen sena Eena senators tors and twenty six bix six representatives and shall be apportioned as described by law lar the number of senators and representatives may be increased from time to time provided the number of reprise representatives nta tives shall shail nevet be less than twice that of the senators and provided further that the senators shall never exceed thirty in number the apportionment of the members of both houses shall be as prescribed r described bed by law 0 se sec see e 6 no person shall be a senator who shall not have attained the age of twenty five years no person shall be a senator or representative who shall not be a citizen of the united states and who except at the first election shall not have been two years a resident of this state and for one year next preceding his election a yeb teb te ident eident of the county or district in which he is elected no person holding any office of profit or trust under authority of the united states or of this state shall have a seat in the legislature provided that appointments in the state militia and the offices of notary public justice of the peace united states comin commis i mr slone sione commissio commissioner ner nen of deeds and postmaster whose annual compensation does not exceed five hundred dollars shall not within the meaning of this bet set section tion be considered officers of pr profit or trust S sec e c 7 the members of the legislature shall before entering upon their official duties take and subscribe the following oath or affirmation 1 I do solemnly swear or affirm that I 1 will support the constitution of the united states and of the state of deseret and will faithfully discharge the duties of senator or representative ao according cordin to the best of my ability if 10 an n oatly oath li so help heip me md god goal if an affirmation I 1 I 1 under the pains and penalties of perjury j urz ury to sm sec 8 each h house 0 use s shall hall j judge of the qualifications elections and ret returns of its own numbers and may punish its members for disorderly conduct sandwith and with the concurrence of two thirds of all the tho members elected expel a member sec 5 9 no member of the legislature shall during the term for which he shall have been elected be appointed to any civil office of profit under this state which shall have been created or the emoluments of which shall have been increased during such term except such officer as may be filled by elections by the people sec seo 10 members of the legislature shall be privileged from arrest on civil process during the session thereof and for fifteen days next folbre before the commencement |