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 Rupublic 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 of the United States has failed to provide a form of Civil Government for the territory so required, 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 Re-publican Governments, that all political power is in-herent in the people; and governments instituted for their protection, security and benefit should emanate from the same-
Therefore, your Committee beg leave to recom-mend the adoption of the following Constitution, un-til the Congress of the United States shall otherwise provide for the government of the territory hereafter 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 these 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 fol-lowing boundaries, to wit: commencing at 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 tbe main chan-nel 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 divid-ing ridge of the Sierra Nevada mountains; thence North along the summit of the Sierra Nevada moun-tains to the dividing range of mountains that separate the waters flowing into the Columbia River, from the waters running into the Great Basin; thence Easterly, along the dividing rangs 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 Southeast and South, by the dividing range of mountains that separate the wa-ters 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 different departments, viz. Legislative, 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 annual; and the first session to be held on the first Monday of July next; and thereafter, on the first Monday of December, unless the Governor of the State shall convene the Assembly, in the interim, by proclamation.
§ 3. The members of the House of Representa-tives shall be chosen biennially, by the qualified elec-tors 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 Representatives, 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 have at his election an actual residence in the district he may be chosen 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 Repre-sentatives; and at the first session of the General As-sembly, after this Constitution takes effect, the Sen-ate 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 expiration 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 members, and contested elections shall be de-termined in such manner as shall hereafter be deter-mined 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 members, 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 returning 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 sit-ting.
§ 12. The Assembly shall, at its first session, pro-vide for an enumeration of the white inhabitants, and an apportionment for the Senators and Representa-tives.
§ 13. Each member of the Assembly shall take an oath of affirmation to support the Constitution of the United States, and of this State; and members shall, and are hereby empowered to, administer said oath on affirmation to each other.
§ 14. The veto power of the Governor shall be allowed by the Assembly, except on bills, which, when reconsidered, shall be again passed by a major-ity 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 adjourn-ment, 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 election, not exceeding seventeen Senators and thirty-five Representatives.
ARTICLE III.-Of the Executive.
SECTION 1. The Executive power shall be vest-ed in a Governor, who shall hold his office for four years. A Lieutenant-Governor, who 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 at-tained 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 officers 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 exe-cuted.
§ 6. When any office shall, from any cause, be-come vacant, and no mode is prescribed by the con-stitution and laws for filling such vacancy, the Gov-ernor shall have power to fill such vacancy, by grant-ing a commission, which shall expire when such va-cancy shall be filled by due course of law.
§ 7. He shall also have power to convene the Gen-eral assembly by proclamation, when, in his opinion the interest of the State shall require it.
§ 8. He shall communicate by message to the Gen-eral Assembly, at every session, the condition of the State; and recommend such matters as he shall deem expedient.
§ 9. In case of disagreement in the General As-sembly, 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 lucra-tive office under the United States, or this State, ex-ecute the office of Governor, except as shall be pre-scribed by law.
§ 11. The Governor shall have no power to grant reprieves and pardons, and commute punishments after convictions, 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 offi-cially; and shall be called the Great Seal of the State of Deseret.
§ 14. All grants and commissions shall be in the name and authority of the people of the State of Deseret; sealed with the great seal o the State, signed by the Governor, and countersigned by the Secretary of State.
§ 15. A Secretary of Stato, Auditor of Public Ac-oounts, and Treasurer, shall be elected by the quali-fied electors, who 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 Assembly, and shall perform such other duties as shall be assigned him by law.
§ 16. In cases of the impeachment of the Governor his removal 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 ves-ted in a Supreme Court, and such inferior Courts as the General Assembly shall from time to time es-tablish.
§ 2. The Supreme Court shall consist of a Chief Justice, and two Associates, either two of whom shall be a quorum 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 elected 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 powers as shall be prescribed by law.
§ 4. The style of all process shall be the State of Deseret; and all prosecutions shall be in the name and by the authority of the State.
ARTICLE V.-Of Elections.
Section I. The Governor, Lieutenant Governor, Auditor of Accounts, Treasurer, and Secretary of State, shall be elected by the qualified electors, as provided for members of the General Assembly, and at the time and place appointed for holding the same.
§ 2. The returns of every election for Governor, Lieutenant Governor, Auditor, Treasurer and Sec-retary of State, shall be sealed np, 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 presence of both houses of the General Assembly; and the persons receiving a majority of all the legal votes cast for their respective offices, shall be declared duly elected.
§ 3. The Governor, Lieut. Governor, Auditor, Treasurer, and Secretary of State, shall, before en-tering upon the duties of their respective offices, take an oath or affirmation, to support the Constitution of the United States, and of this State; which oath, or affirmation, shall be administered by the Speaker of the House of Representatives.
§ 4. The first election fo members of the Gen-eral Assembly, and other officers under this Consti-tution, shall be held on the first Monday of May next, at the usual places of holding public meetings, in the different districts and settlements, at which time and place the qualified voters shall vote for or against the adoption of this Constitution; and if a majority of all the legal voters 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 elec-tions, the qualified electors shall organize the polls by appointing two judges, who shall be authorized to qualify each other and appoint two suitable persons as clerks; and said judges shall, at the close of said election, seal up the number of votes so cast, and forthwith transmit them to the President of this Con-vention.
§ 6. The returns of the first election, herein pro-vided for shall be made to the Chairman of this Con-vention, who, together with the Secretaries, shall pro-ceed immediately to open said returns, and count the votes, they shall forthwith notify them of their elec-tion.
§ 7. The General Assembly shall at its first ses-sion, provide by law a general system of election for officers, under this Constitution, and such other offi-cers as may be hereafter 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 Gov-ernment 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 mili-tary, naval, or marine service of the United States, shall be considered a resident of this State, by being stationed in any garrison, barrack, military or naval place, or station within this State, unless otherwise provided by law.
ARTICLE VI-Of Militia.
Section 1. The militia of this State shall be com-posed 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 officers excepted) shall be elected by the persons lia-ble to perform military duty in their respective divis-ions; and all commissioned officers shall be commis-sioned by the Governor.
ARTICLE VII-Amendment of the Constitution.
Section 1. If at any time the General Assemblv shall deem it necessary, and for the best interest of the State, that this Constitution should be revised, altered or amended, the Assembly shall cause such revisions, alteration or amendments, to be published in the same manner as shall be provided for the pub-lication 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, alterations or amendments; and if a majority of said electors shall vote in favor of said revisions, alterations amend-ments, the same shall thereafter become parts and par-cels of this Constitntion; otherwise this Constitution shall remain unchanged.
ARTICLE VIII.-Declaration of Rights.
Section 1. In Republican Governments, all men should be born equally free and independent, and pos-sess certain natural, essential and inalienable rights, among which are those of enjoying and defending their life and liberty; acquiring, possessing and pro-tecting property; and of seeking and obtaining their safety and happiness.
§ 2. All political power is inherent in the people; and all free governments are founded in their author-ity, and instituted for their benefit; therefore, they have an inalienable and indefeasible right to institute government, and to alter, reform, and totally change the same, when their safety, happiness, or the public good shall require it.
§ 3. All men shall have a natural and inalienable right to worship God according to the dictates of their own consciences; and the General Assembly shall make no law respecting 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 ob-struct others in their religious worship; and all per-sons demeaning themselves peaceably as good mem-bers of the State, shall be equally under the protec-tion of the laws; and no subordination or preference of any one sect or denomination to another shall ever be established by law, nor shall any religious test be ever required for any office of trust under this State.
§ 4. Any citizen of this State who may hereafter be engaged, either directly or indirectly in a duel, : either as principal or accessory before the fact, shall be disqualified for holding any office under the Con-stitution or laws of this State.
§ 5. Every person may speak, write and publish his sentiments, on all subjects, being responsible for the abuse of that right; and no law shall be passed to 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 invio-late; and all criminals shall be heard by self, or counsel, at their own election.
§ 8. All penalties and punishments shall be in pro-portion to the offence, and all offences, before convic-tion, shall be bailable; except capital offences, where the proof is evident, or the presumption great.
§ 9. The writ of habeas corpus shall not be sus-pended, unless in case of rebellion, or invasion, or the public safety shall require it.
§ 10. Treason against this State shall consist only in levying war against it, or adhering to its enemies, or giving them aid and comfort.
§ 11. The General Assembly shall pass no bill of attainder, or ex post facto laws, or law impairing the obligation of contracts, to hinder the execution of jus-tice.
§ 12. The laws shall not be suspended, but by the Legislative or Executive authority.
§ 13. The right of petition, by the People, shall be preserved inviolate.
§ 14. The right of citizens to keep and bear arms for common defence, shall not be questioned.
§ 15. Private property shall not be taken for pub-lic 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 pow-er.
§ 17. The enumeration of certain rights shall not be construed to impair nor deny others retained by the people.
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