THE CONSTITUTION
OF THE
NEW STATE OF DESERET.
Whereas, A large number of the citizens of the United States, before, and since the treaty of peace with the Republic of Mexico, emigrated to and settled in that portion of the territory of the United States, lying west of the Rocky Mountains, and in the Great Interior Basin of Upper California ; and
Whereas, By reason of said treaty, all civil organ-ization, originating from the Republic of Mexico, be-came abrogated ; and
Whereas, The Congress the United States has fail-ed to provide a form of Civil Government for the ter-ritory so acquired, or any portion thereof; and
Whereas, Civil Government and Laws are neces-sary, for the security, peace and prosperity of society; and
Whereas, It is a fundamental principle in all Repub-lican Governments, that all political power is inherent in the people ; and governments instituted for their protection, security and benefit, should emanate from the same—
Therefore, your Committee beg leave to recommend the adoption of the following Constitution, until the Congress of the United States shall otherwise provide for the government of the territory hereinafter named and described.
We, the people, grateful to the Supreme Being for the blessings hitherto enjoyed, and feeling our depen-dence on Him for a continuation of those blessings, do ordain and establish a free and independent Govern-ment, by the name of the State of Deseret; including all the territory of the United States within the follow-ing boundaries, to wit: commencing the 33d degree of North latitude, where it crosses the 108th degree of longitude, West of Greenwich : thence running South and West to the Northern boundary of Mexico ; thence West to, and down the main channel of the Gila River, on the Northern line of Mexico, and on the Northern boundary of Lower California to the Pacific Ocean; thence along the coast North-westerly to 118 deg 30 min. of West longitude; thence North to where said line intersects the dividing ridge of the Sierra Nevada mountains; thence North along the summit of Sierra Nevada mountains to the dividing range of mountains that separates the waters flowing into the Columbia River, from the waters running into the Great Basin ; thence Easterly, along the dividing range of mountains that separates said waters flowing into the Columbia River on the North, from the waters flowing into the Great Basin on the South, to the summit of the Wind River chain of mountains; thence South-east and south, by the dividing range of mountains that separate the waters flowing into the Gulf of Mexico, from the waters flowing into the Gulf of California, to the place of beginning, as set forth in a map drawn by Charles Preuss, and published by order of the Senate of the United States, in 1848.
ARTICLE I.
The powers of Government of the State of Deseret shall be divided into three distinct departments, via; Legisla-tive, Executive and Judiciary.
ARTICLE II—Of the Legislative.
SECTION 1. The legislative authority of this State shall be vested in a General Assembly, consisting of a Senate and House of Representatives; both to be elected by the people.
§2. The session of the General Assembly shall be an-nual; and the first session be held on the first Monday of July next; and thereafter, on the first Monday of De-cember, unless the Governor of the State shall convene the Assembly, in the interim, by proclamation.
§3. The members of the House of Representatives shall be chosen biennially, by the qualified electors of their respective districts, on the first Monday in August; whose term of office shall continue two years from the day of the general election.
§4. No person shall be a member of the House of Rep-resentatives, who has not attained the age of 25 years ; the same to be a free white male citizen of the United States, and an inhabitant of this State one year preceding the time of his election, and a resident of the district or county thirty days next preceding his election, and he may be chos-en to represent.
§5. Senators shall be chosen for the term of four years, at the same time and place of Representatives; they shall be thirty years of age, and possess the qualifications of Representatives, as to residence and citizenship.
§6. The number of Senators shall not be less than one-third, nor more than one-half of the Representatives; and at the first session of the General Assembly, after this Constitution takes effect, the Senate shall be divided by lot, as equal as may be, into two classes; the seats of the Senators of the first class shall be vacated at the expira-tion of two years, so that one half of the Senate shall be elected biennially.
§7. Each house shall choose its own officers, and judge of the qualification, election, and return of its own mem-bers, and contested elections shall be determined in such manner as shall hereafter be determined by law.
§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 of absent mem-bers, in such manner and under such penalty as each house may provide.
§9. Each house shall have all powers necessary for a branch of the General Assembly of a free and independent government.
§10. Each member of the Assembly shall be privileged from civil arrest, during any session, and going to and re-turning from the same.
§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 may be sitting.
§12. The Assembly shall, at its first session, provide for an enumeration of the white inhabitants, and an appor-tionment for the Senators and Representatives.
§13. Each member of the Assembly shall take an oath or affirmation to support the Constitution of the United States, and of this State; and members shall, and are here-by empowered to, administer said oath or affirmation to each other.
§l4. The veto power of the Governor shall be allowed by the Assembly, except on bills, which, when reconsid-ered, shall be again passed by a majority of two-thirds of those present; and any bill vetoed by the Governor shall be returned within ten days, (Sundays excepted,) with his objections; otherwise it shall become a law, unless the Assembly, by adjournment, prevent its return.
§15. Every law passed by the Assembly shall take effect from and after due publication by authority.
§16. The voters of this State may elect, at the first ejec-tion, not exceeding seventeen Senators and thirty-five Representatives.
ARTICLE III.—Of the Executive.
SECTION 1. The Executive power shall be vested in a Governor, who shall hold his office for four years. A Lieutenant-Governor shall be elected at the same time, and for the same term, who shall be the President of the Senate.
§2. No person shall be eligible to the office of Governor or Lieutenant Governor, who has not been a citizen of the United States, and a resident of this State, two years next preceding his election, and attained the age of thirty-five years at the time of his election.
§3. The Governor shall be Commander-in-Chief of the militia, navy, and all the armies of this State.
§4. He shall transact all executive business with the of-ficers of Government, civil and military; and may require information in writing from the officers of the Executive Department, upon any subject relating to the duties of their respective offices.
§5. He shall see that the laws are faithfully executed.
§6. When any office shall, from any cause, become va-cant, and no mode is prescribed by the constitution and laws for filling such vacancy, the Governor shall have power to fill such vacancy, by granting a commission, which shall expire when such a vacancy shall be filled by due course of law.
§7. He shall also have power to convene the General Assembly by proclamation, when, in his opinion, the in-terests of the State require it.
§8. He shall communicate by message to the General Assembly, at every session, the condition of the is State; and recommend such matters as he shall deem expedient.
§9. In case of disagreement in the General Assembly, with regard to the time of adjournment, the Governor shall have power to dissolve the session by proclamation.
§10. No person shall, while holding any lucrative office under the United States, or this State, execute the office of Governor, except as shall be prescribed by law.
§11. The Governor shall have power to grant reprieves and pardons, and commute punishments after conviction, except in cases of impeachments.
§12. The Governor shall receive for his services such compensation as shall hereafter be provided by law.
§13. There shall be a seal of this State, which shall be kept by the Governor, and used by him officially; and shall be called the Great Seal of the State of Deseret
§14. All grants and commissions shall be in the name and by the authority of the people of the State of Deseret; sealed with the great seal of this State, signed by the Gov-ernor, and countersigned by the Secretary of State.
§15. A Secretary of State, Auditor of Public Accounts, and Treasurer, shall continue in office for the term of four years—The Secretary of State shall keep a fair register of all the official acts of the Governor and shall, when required, lay the same, together with all papers, minutes and vouchers, relative thereto, before either branch of the General As-sembly, and shall perform such other duties as shall be as-signed him by law.
§16. In case of the impeachment of the Governor, his re-moval from office, death, resignation, or absence from the State, the powers and duties of the office shall devolve upon the Lieutenant-Governor, until such disability shall cease, or the vacancy be filled.
ARTICLE IV.—Of the Judiciary.
SECTION 1. The Judicial power shall be vested in a Su-preme Court, and such inferior Courts as the General As-sembly shall from time to time establish.
§2. The Supreme Court shall consist of a Chief Justice, and two Associates, either two of whom shall be a quo-rum to hold Courts.
§3. The Judges of the Supreme Court shall be elected by joint vote of both Houses of the General Assembly, and shall hold their Courts at such time and place as the General Assembly shall direct; and hold their office for the term of four years, and until their successors are elec-ted and qualified. The Judges of the Supreme Court shall be conservators of the peace throughout the State, and shall exercise such other jurisdictions and appellate pow-ers as shall be prescribed by law.
§4, The style of all process shall be the State of Dese-ret ; and all prosecutions shall be in the name and by the authority of the State.
ARTICLE V—Of Elections.
SECTION 1. The Governor, Lieutenant-Governor, Audi-tor of Accounts, Treasurer, and Secretary of State, shall be elected by the qualified electors, as provided for mem-bers of the General Assembly, and at the time and place appointed for holding the same.
§2. The returns of every election for Governor, Lieu-tenant Governor, Auditor, Treasurer and Secretary of State, shall be sealed up, and transmitted forthwith to the seat of government directed to the Speaker of the House of Representatives, who shall, during the first week of the session, open and publish them in the pres-ence of both houses of the General Assembly; and the persons receiving a majority of all the legal voles cast for their respective offices, shall be declared duly elected.
§3. The Governor, Lieut Governor, Auditor, Treasurer, and Secretary of State, shall, before entering upon the duties of their respective offices, take an oath or affirma-tion, to support the Constitution of the United States, and of this State; which oath, or affirmation, shall be admin-istered by the Speaker of the House of Representatives.
§4. The first election for members of the General As-sembly, and other officers under this Constitution, shall be held on the first Monday of May next, at the usual places of holding public meetings, in the different dis-tricts and settlements; at which time and place the quali-fied voters shall vote for or against the adoption of this Constitution; and if a majority of all the legal votes shall be in favor of its adoption, the same shall take effect from and after said election.
§5. At the time and place of holding the elections, the qualified electors shall organize the polls by appointing two judges, who shall be authorized to qualify each other, and appoint two saitable persons as clerks; and said judges shall, at the close of said election, seal up the num-ber of votes so cast, and forthwith transmit them to the President of this Convention.
§6. The returns of the first election herein provided for shall be made to the Chairman of this Convention, who, to-gether with the Secretaries, shall proceed immediately to open said returns, and count the votes; upon ascertaining the persons receiving a majority of votes, they shall forth-with notify them of their election.
§7. The General Assembly shall, at its first session, pro-vide by law a general system of election for officers, under this Constitution, and such other officers as may be here-after created by law.
§8. The manner of voting shall be by ballot.
§9. The General Assembly shall meet at Great Salt Lake City, which place shall be the Seat of Government until otherwise provided by law.
§10. All white male residents of this State, over the age of twenty-one years, shall have the privilege of voting at the first election, and at the adoption of this Constitution; provided, that no person in the military, naval, or marine service of the United States, shall be considered a resi-dent of this State, by being stationed in any garrison, bar-rack, military or naval place, or station within this State, unless otherwise provided for by law.
ARTICLE VI—Of Militia.
SECTION 1. The militia of this State shall be composed of all able bodied white male citizens, between the ages of eighteen and forty-five years, except such as are or may hereafter be, exempt by the laws of the United States, or of this State, and shall be armed, equipped and trained, as the General Assembly may provide by law.
§2. All commissioned officers of the militia (staff offi-cers excepted) shall be elected by the persons liable to perform military duty in their respective divisions; and all commissioned officers shall be commissioned by the Gov-ernor.
ARTICLE VII—Amendment of he Constitution
SECTION 1. If at any time the General Assembly shall deem it necessary, and for the best interest of the State, that this Constitution should be revised, altered or amend-ed, the Assembly shall cause such revisions, alterations or amendments, to be published in the same manner as shall be provided for the publication of the statutes; and appoint a day, not less than thirty days thereafter, for the electors of the Commonwealth to assemble in their several precincts, and vote for or against said revisions, altera-tions or amendments; and if a majority of said electors shall vote in favor of said revisions, alterations or amend-ments, the same shall thereafter become parts and parcels of this Constitution ; otherwise this Constitution shall re-main unaltered.
ARTICLE VIII.—Declaration of Rights.
SECTION 1. In Republican Governments, all men should be born equally free and independent, and possess certain natural, essential and inalienable rights, among which are those of enjoying and defending their life and liberty; ac-quiring, possessing and protecting property; and of seek-ing and obtaining their safety and happiness.
§2. All political power is inherent in the people; and all free government are founded in their authority, and in-stituted for their benefit; therefore, they have an inaliena-ble and indefensible right to institute government, and to alter, reform, and totally change the same, when their safety, happiness, and the pubilc good shall require it.
§3. All men shall have a natural and inalianable right to worship God according to the dictates of their own con-sciences; and the General Assembly shall make no law re-specting an establishment of religion, or of prohibiting the free exercise thereof, or disturb any person in his religious worship or sentiments ; provided he does not disturb the public peace, nor obstruct others in their religious wor-ship; and all persons demeaning themselves peaceably as good members of the State, shall be equally under the protection of the laws; and no subordination or prefer-ence of any one sect or denomination to another shall ever be established by law ; nor shall any religions test be ever required for any office of trust under this State.
§4. Any citizen of this State who may hereafter be en-gaged, either directly or indirectly in a duel, either as principal or accessory before the fact, shall be disqualified from holding any office under the Constitution and laws of this State.
§5. Every person may speak, write, and publish his for the abuse of that right, and no law be passed so abridge the liberty of speech or of the press.
§6. The people shall be secure in their persons, houses, papers and possessions, from unreasonable searches and seizures.
§7. The right of trial by jury shall remain inviolate ; and all criminals shall be heard by self, or counsel, at their own election.
§8. All penalties and punishments shall be in proportion to the offence; and all offences, before conviction, shall be bailable; except capital offences, where the proof is evident, or the presumption great.
§9. The writ of habeas corpus shall not be suspended, un-less in case of rebellion, or invasion, or the public safety shall require it.
§10. Treason against this State shall consist only in levy-ing war against it, or adhering to its enemies, or giving them aid and comfort.
§11. The General Assembly shall pass no bill of attain der, or ex post facto laws, or law impairing the obligation of contracts, to hinder the execution of justice.
§12. The laws shall not be suspended, but by the Legis-lative or Executive authority.
§13. The right of petition, by the People, shall be pre-served inviolate.
§14. The right of citizens to keep and bear arms for common defense, shall not be questioned.
§15. Private property shall not be taken for public use, without just compensation. §16. No standing army shall be kept up in time of peace and the military shall, at all times and in all places, be in strict subordination to the civil power.
§17. The enumeration of certain rights shall not be con-strued to impair nor deny others retained by the people.
In February last, notice was given to all the citizens of that portion of Upper California, lying east of the Sier-ra Nevada Mountains, that a Convention would be held at the Great Salt Lake City on the 5th of March, for the purpose of taking into consideration the propriety of organizing a Territorial or State Government. This Con-stitution was adopted on the 10th of March, 1849.
The first General Assembly met on the 2d of July. Mil-lard Snow was elected Speaker of the House. After the organization the Chairman announced to the House that a majority of all the votes of the people had been given for the adoption of the Constitution; and that Brigham Young had received a majority of all the votes for Governor, He-ber C. Kimball for Lieutenant-Governor, Wm. Richards for Secretary of State, Jos S. Heywood for Treasurer, &c. and they were severally informed thereof.
On the 3d, a resolution was passed providing for a joint committee to memorialize Congress for a State or Terri-torial Government, which was afterwards reported and adopted.
On the 5th, according to previous resolutions, the Legis-lature met in joint Session, and proceeded to ballot for a Delegate and Representative to Congress, when Almon W. Babbitt, Esq. having received a majority of all the votes, was decidied duly elected.
On the 9th, the Legislature adjourned sine die. Before doing so, they adopted the following Memorial to Con-gress in which they set forth the reasons which have in-duced them to organize a State Government.
GREAT SALT LAKE CITY, GREAT BASIN,
North America, March 8, 1849.
MEMORIAL.
To the Honorable Senate and House of Representatives, in Congress assembled: Your memorialists, members of the General Assembly the State of Deseret, would respectfully lay before your honorable body the wishes and interests of our constitu-ents together with the reasons and design of our early organization as a Civil Government, to which the consid-eration of your honorable body is most earnestly solicited.
Whereas, The history of all ages proves that civil gov-ernments, combining in their administration the protec-tion of person, property, character, and religion—encour-aging the science of agriculture, manufactures, and litera-ture, are productive of the highest, happiest, and purest state of society; and,
Whereas, All political power is inherent in the people, and governments, to be permanent and satisfactory, should emanate from the same; and,
Whereas, The inhabitants of all newly settled coun-tries and territories, who have become acquainted with their climate, cultivated their soil, tested their mineral productions, and investigated their commercial advan-tages, are the best judges of the kinds of government and laws necessary for their growth and prosperity; and,
Whereas, Congress have failed to provide, by law, a form of civil government for this or any other portion of territory ceded to the United States by the Republic of Mexico, in the late treaty of peace; and,
Whereas, Since the expiration of the Mexican civil au-thority, however weak and imbecile, anarchy to an alarm-ing extent has prevailed—the revolver and bowie knife have been the highest law of the land—the strong have prevailed against the weak—while person, property, character, and religion have been unaided, and virtue un-protected; and,
Whereas, From the discovery of the valuable gold mines west of the Sierra Nevada mountains, many thou-sands of able-bodied men are emigrating to that sec-tion, armed with all the impliments and munitions of war; and,
Whereas, Strong fears have been, and still are enter-tained, from the failure of Congress to provide legal civil authorities, that political aspirants may subject the Gov-ernment of the United States to the sacrifice of much blood and treasure in extending jurisdiction over that valu-able country; and
Whereas, The inhabitants of the State of Deseret, in view of their own security, and for the preservation of the Constitutional right of the United States to hold juris-diction there, have organized a Provisional State Govern-ment under which the civil policy of the nation is duly maintained, and
Whereas, There are so many natural barriers to prevent communication with any other State or Territory belong-ing to the United States, during a great portion of the year, such as snow-capped mountains, sandy deserts, sedge plains, saleratus lakes and swamps, over which it is very difficult to effect a passage; and
Whereas, It is important in meting out the boundaries of the States and Territories, so to establish them that the heads of Departments may be able to communicate with all branches of their Government with the least possible delay ; and,
Whereas, There are comparatively no navigable rivers, lakes, or other natural channels of commerce; and where-as no valuable mines of gold, silver, iron, copper or lead, have as yet been discovered within the boundaries of this State, commerce must necessarily be limited to few branches of trade and manufactures; and whereas, the laws of all States and Territories should be adapted to their geographical location, protecting and regulating those branches of trade only, which the country is capable of sustaining; thereby relieving the Government from the expense of those complicated and voluminous statutes which a more commercial State requires; and whereas, there is now a sufficient number of individuals residing within the the of Deseret to support a State Govern-ment, thereby relieving the General Government from the expense of a Territorial Government in that section ; and in evidence of which, the inhabitants have already erected a Legislative Hall, equal to most and surpassed by few in the older States—
Your memorialists, therefore, ask your honorable body to favorably consider their interests; and, if consistant with the Constitution and usages of the Federal Govern-ment. that the Constitution accompanying this memorial be ratified, and that the State of Deseret be admitted into the Union on an equal footing with other States, or such other form of civil government as your wisdom and mag-namity may award to the people of Deseret. And, upon the adoption of any form of government here, that their Delegate be received, and their interests properly and faithfully represented in the Congress of the United States. And your memorialists, as in duty bound, will ever pray.
On motion, it was voted that the report be accepted, and the Committee discharged from further duties.
Parley P. Pratt offered the following resolutions:
Resolved, 1st The Senate concurring therein, that two thousand copies of this memorial, together with the Con-stitution, and an abstract of all records, journals, and oth-er documents pertaining to the organization of this State, be printed. Resolved, 2d That the President of the United States, the Senate and the House of Representatives, each be fur-nished with a copy thereof.
The resolutions were seconded and passed.
House adjourned until Monday, at 10 A M.
PROVISIONAL STATE OF DESERT.—ES.
I hereby certify that the foregoing Constitution, Memorial, Synop-sis of Journal, &c. are a true copy of public documents on file in my office.
Given under my hand, at my office, in the Great Salt Lake City, this 18th day of July, A. D 1849.
WILLAKD RICHARDS, Secretary of State.
