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BANCROFT 
 LIBRARY 
 
 THE LIBRARY 
 
 OF 
 
 THE UNIVERSITY 
 
 OF CALIFORNIA 
 
CONSTITUTION 
 
 OF 
 
 THE STATE OF UTAH 
 
 ADOPTED BY THE CONVENTION, APRIL 27. 1882. 
 
 RATIFIED BY THE PEOPLE. MAY 22. 
 
 1882. 
 
 SALT LAKE CITY, UTAH. 
 
 
 DESERET NEWS COMPANY, PRINTERS. 
 
 
 1882. 
 
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 RESOLUTION 
 
 Jn ^.elation to a PONSTITUTIONAL CONVENTION, 
 
 o 
 
 Resolved, by the Council and House of Representatives of the Territory 
 of Utah: 
 That the Territorial system is unadapted to the conditions of a commu- 
 tiity numbering many thousands of citizens, who ought to enjoy the priv- 
 ileges as well as bear their share of the burdens of popular government; 
 
 That Utah possesses all the requisite qualifications to entitle her to ad- 
 mission into the Union as a free and sovereign State; 
 
 That any further hindrances on the part of Congress to such admission 
 would be unjust and partial, and unwarranted by any facts or circum- 
 stances, or by the Constitution of the United States; 
 
 That it is the right and the duty of the people of Utah to plead for and 
 demand a republican form of government, so that they and their poster- 
 ity may enjoy the blessings and liberties, to secure which the founders of 
 this great nation lived and labored, struggled and died; 
 
 That the citizens of this Territory have the right not only to assemble 
 and petition for redress of grievances, but.also to meet in person or by 
 authorized delegates for the purpose of organizing a State Government, pro- 
 viding for the election of Senators and a Representative to Congress and 
 such State officers as will be requisite, and of taking measures to secure that 
 recognition as an integral portion of the United States of America, as cir. 
 cuinstances may render necessary; 
 
 That the people of Utah are authorized to meet in their respective pre- 
 cincts to consider these matters and select delegates to county conventions 
 to be held in all the counties in this Territory for the purpose of appointing 
 delegates to a general convention, to meet in the City Hall, Salt Lake City, 
 on Monday, the tenth day of April, 1882, at 12 o'clock m. And the several 
 counties are authorized lo send to said convention the following number of 
 delegates, to wit: 
 
 1 
 
 15 
 5 
 3 
 3 
 2 
 8 
 2 
 2 
 5 
 
 Beaver, 
 
 2 
 
 Rich, 
 
 Box Elder, . 
 
 . 3 
 
 Salt Lake, 
 
 Cache, . 
 
 *i 
 
 Sanpete, . 
 
 Davis, 
 
 . 8 
 
 Sevier, 
 
 Emery, . 
 
 ] 
 
 Summit, . 
 
 Iron and San Juan, . 
 
 . 3 
 
 Tooele, 
 
 Juab, . 
 
 2 
 
 Utah, 
 
 Kane, 
 
 2 
 
 Wasatch and Uintah, 
 
 Millard, 
 
 . . 2 
 
 Washington, 
 
 Morgan, . . 
 
 . 1 
 
 Weber, 
 
 Piute, . 
 
 1 
 
 
 Total, 
 
 '"/f /«I.3/SV 
 
 
'2 
 
 That said delegates may be qualified by any person authorized to admin- 
 ister oaths and may organize by electing a president and secretary and such 
 other officers as they may deem necessary. The convention, when organ, 
 ized, may frame a State Constitution for the now Territory of Utah; name 
 the proposed State, and define its boundaries, elect or appoint delegates to 
 proceed to Washington and urge the claims and rights of Utah to Statehood, 
 nominate and provide for the election of a Governor, Legislature, Judges, 
 Secretary and other State officers, and a Representative to Congress; to pro- 
 vide for a session of the Legislature for the purpose of electing two United 
 States Senators; and said convention may take such other steps and devise 
 such other measuers as may be considered wise for the accomplishment of 
 the object in view; 
 
 That the Constitution framed by said Convention and nominations for 
 State and other officers shall be submitted to the people, for their approval 
 or disapproval, at an election to be held at such time and under* such regu. 
 lations and provisions as said convention may determine. 
 
 JOS. F. SMITH, 
 
 President of Council. 
 Attest: L. JOHN NUTTALL, 
 
 Chief Clerk. 
 
 F. M. LYMAN, 
 Speaker of House of Representatives. 
 Attest: AKTHUK STAYNEK, 
 
 Chief Clerk. 
 
CONSTITUTIONAL CONVENTION 
 
 NAMES OF OFFICERS. 
 
 President: 
 JOSEPH F. SMITH. 
 
 Vice-Presidents: 
 L. E. HARRINGTON, EDWARD DALTON. 
 
 Seci^etary:, 
 ARTHUR STAYNER. 
 
 Assistant- Secretary: 
 JUNIUS F. WELLS. 
 
 Chaplain: 
 WILLIAM W. CLUFF. 
 
 Sergeant-at-Arins: 
 B. Y. HAMPTON. 
 
 Messenger: 
 MILANDO PRATT. 
 
NAMES OF DELEGATES. 
 
 Beaver County: 
 
 JAS. Mcknight, james lowe. 
 
 Box Elder County: 
 T. W. BREWERTON, O. G. SNOW, R. H. BATY. 
 
 Cache County: 
 CHARLES W. NIBLEY, G. W. THATCHER, CHARLES O. CARD, L 
 C. THORESEN, JAMES MACK, JOSEPH HOWELL. • 
 
 Davis County: 
 ARTHUR STAYNER, PETER BARTON, WM. THURGOOD. 
 
 JSmery County: 
 ELIAS COX, DAVID WILLIAMS. 
 
 Iron and San Juan Counties: 
 EDWARD DALTON, SILAS S. SMITH, JOHN MYERS. 
 
 Juab County: 
 EDWIN HARLEY, WM. A. C. BRYAN. 
 
 Kane County: 
 CHARLES N. SMITH, L. JOHN NUTTALL. 
 
 Millard County: 
 JOS. V. ROBINSON, GEORGE CRANE. 
 
 Morgan County: 
 SAMUEL FRANCIS. 
 
 Piute County: 
 CULBERT KING. 
 
 Rich County: 
 JOS. KIMBALL. 
 
iSalt Lake County: 
 
 JOSEPH F. SMITH, D. H. WELLS, J. T. CAINE, C. W. PENROSE, 
 
 BEN SHEEKS, LE GRANDE YOUNG, W. W. RITER, J, L. 
 
 RAWLINS, J. R. WINDER, EMMELINE B. WELLS, JAMES 
 
 CRANE, SARAH M. KIMBALL, ELIZABETH HOWARD, 
 
 HOSEA STOUT, JAMES SHARP. 
 
 Sanyete County: 
 
 CHRISTIAN N. LUND, J. P. CHRISTENSEN, REES R. LLEWELLYN, 
 
 HENRY D. REESE, JOHN H. HOUGAARD. 
 
 Sevier County: 
 ALBERT D. THURBER, WM. H, SEEGMILLER, WM. A. WARNOCK. 
 
 Summit County: 
 WM. W. CLUFF, WARD E. PACK, ALMA ELDREDGE. 
 
 Tooele County: 
 WM. C. RYDALCH, THOMAS ATKIN. 
 
 Utah County: 
 
 A. O. SMOOT, S. R. THURMAN, JOHN S. BOYER, G. D. SNELL, L. E 
 
 HARRINGTON, J. E. BOOTH, J. S. PAGE, JOHN C. GRAHAM. 
 
 Wasatch and Uintah Counties: 
 HENRY L. ALEXANDER, ABRAM HATCH. 
 
 Washington County: 
 RICHARD BENTLEY, EDWIN G. WOOLLEY. 
 
 Weher County: 
 
 F. S. RICHARDS, JOSEPH STANFORD, N. TANNER, Jr., L. W. 
 
 SHURTLIFF, F. A. HAMMOND. 
 
STANDING COMMITTEES. 
 
 On Ordinance and Bill of Rights: 
 
 D. H. WELLS, J. T. CAINE, SARAH M. KIMBALL, V/. W. RITER, 
 J. L. RAWLINS, J. E. BOOTH, HOSEA STOUT. 
 
 On Legislative Department: 
 
 C. W. PENROSE, EDWARD DALTON, WM. THURGOOD, WARD E. 
 PACK, S. R. THURMAN, C. O. CARD, J. E. BOOTH. 
 
 On Executive Department: 
 
 FRANKLIN S. RICHARDS, SAMUEL FRANCIS, C. W. NIBLEY, 
 
 HOSEA STOUT, LE GRANDE YOUNG, BEN SHEEKS, A. HATCH. 
 
 On Judiciary: 
 
 L. E. HARRINGTON, A. O. SMOOT, BEN SHEEKS, NATHAN TAN- 
 NER, Jk., LE GRANDE YOUNG, EDWARD DALTON, 
 D. H. WELLS. 
 
 On Municipal and other Corporations: 
 
 JOHN T. CAINE, T. W. BREWERTON, REES R. LLEWELLYN, 
 
 JONATHAN S. PAGE, JOSEPH STANFORD, J. L. RAWLINS, 
 
 JAMES SHARP. 
 
 On Finance and State Debt: 
 
 G. W. THATCHER, W. A. C. BRYAN, RICHARD BENTLEY, JENS 
 
 P. R. CHRISTENSEN, JAMES SHARP, F. A. HAMMOND, 
 
 W. E. PACK. 
 
 On Education: 
 
 ARTHUR STAYNER, EMMELINE B. WELLS, JOHN J. BOYER, 
 
 J. T. CAINE, JOHN C. GRAHAM, JOSEPH HOWELL, 
 
 L. J. NUTTALL. 
 
On Militia: 
 
 3LDREDGE, 
 D. THURBER, HOSE A STOUT. 
 
 On Taxation: 
 
 W. W. CLUFF, A. HATCH, GEORGE CRANE, J. H. HOUGAARD, O. 
 
 G. SNOW, L. W. SHURTLIFF, WM. A. WARNOCK. 
 
 On Impeachment and Removal from Office: 
 E. G. WOOLLEY, JAMES CRANE, SARAH M. KIMBALL, WM. C. 
 . RYDALCH, ISAAC DUFFIN, ELIAS COX. 
 
 On Public Listitutions: 
 SILAS S. SMITH, THOS. ATKIN, C. O. CARD, JOSEPH KIMBALL, 
 
 JAMES Mcknight, henry d. rkese, g. d. snell. 
 
 On Boundaries', Miscallaneous Provisions and Amendments: 
 
 JAMES LOWE, H. S. ALEXANDER, PETER BARTON, CHRISTIAN 
 N. LUND, JOHN MYERS, I. C. THORESON, W. W. RITER. 
 
 On Schedule and Election Ordinance: 
 
 A. O. SMOOT, R. H. BATY, EMMELINE B. WELLS, EDWIN HARLEY, 
 JAMES MACK, JOSEPH V. ROBINSON, WM. H. SEEGMILLER. 
 
 SPECIAL COMMITTEES. 
 
 On Revision and Consolidation: 
 
 H. WELLS, C. W. PENROSE, F. S. RICHARDS, L. E. HARRING- 
 TON, JOHN T. CAINE, G. W. THATCHER, A. STAYNER, J. R. 
 WINDER, W\ W. CLUFF, E. G. WOOLLEY, SILAS S. SMITH, 
 JAMES LOWE, A. O. SMOOT, J. L. RAWLINS, BEN 
 SPIEEKS, LE GRANDE YOUNG, N. TANNER, Jr., S. 
 R. THURMAN, J. E. BOOTH, JAMES SHARP, 
 W. W. RITER. 
 
On Memorial: 
 
 D. H; WELLS, F. S. RICHARDS, JOHN T. CAINE, C. W. PENROSE, 
 
 J. R. WINDER. 
 
 On Printing: 
 CHAS. W. NIBLEY, ABRAM HATCH, JOHN R. WINDER. 
 
 General Advisory and Election Committee: 
 
 JOS. F. SMITH, D. H. WELLS, F. S. RICHARDS, JOHN T. CAINE, 
 C. W. PENROSE, J. R. WINDER, ARTHUR STAYNER. 
 
JOURNAL OF PROCEEDINGS. 
 
 FIKST DAY. 
 
 The Delegates-elect to the State Constitutional Convention assembled 
 at the City Hall, Salt Lake City, Monday, April 10, 1882, at 12 o'clock 
 noon. 
 
 Mr. D. H. Wells called the assembly to order, and Mr. C. W. Penrose 
 moved that Mr. Wells be chosen President pro tem. Carried. 
 
 Arthur Stayner was chosen Secretary pro tem. 
 
 The Chair appointed as Committee on Credentials, Messrs. J. T. Caine, 
 J. E. Booth, W. W. Cluff, F. S. Richards, Edward Dalton. 
 
 Mr. Caine, Chairman of Committee on Credentials, reported the follow- 
 ing: 
 
 April 10, 1882. 
 Mr. President: 
 
 Your Committee on Credentials respectfully report the following named 
 persons representing the several counties of the Territory and entitled to 
 seata as Delegates in this Convention. 
 
 John T. Caine, 
 
 Chairman. 
 
 Beaver County — James McKnight, James Lowe. 
 
 Box Elder County— T. W. Brewerton, O. G. Snow, R. H. Baty. 
 
 Cache County— Chas. W. Nibley, G. W. Thatcher, Chas. O. Card, 
 I. C. Thoresen, James Mack, Joseph Howell. 
 
 Davis County— Arthur Stayner, Peter Barton, Wra. Thurgood. 
 
 Emery County — Elias Cox. 
 
 Iron and San Juan Counties — Edward Dalton, Silas S. Smith, John 
 Myers. 
 
 Juab County— Edwin Harley, Wm. A. C. Bryan. 
 
10 
 
 Kane County — Chas. N. Smith, L. John Nuttall. 
 
 Millard County — Joseph V. Robinson, George Crane. 
 
 Morgan County — Samuel Francis. 
 
 Piute County — Culbert King. 
 
 Eich County — Joseph Kimball. 
 
 Salt Lake County— D. H. Wells, J. T. Caine, C. W. Penrose, Le 
 Grande Young, J. R. Winder, Ben Sheeks, W^. W. Riter, J. L. Rawlins, 
 Emmeline B. Wells, James Crane, Sarah M. Kimball, Elizabeth 
 Howard, Hosea Stout, Joseph F. Smith, James Sharp. 
 
 Sanpete County — Christian N. Lund, J. P. Christenscn, Rees R. 
 Llewellyn, Henry D. Reese, John H. Hougaard. 
 
 Sevier County — Albert D. Thurber, Wm. H. Seegmiller, Wm. A. 
 Warnock. 
 
 Summit County— Wm. W. Cluff, Ward E. Pack, Alma Eklredge. 
 
 Tooele County — Wm. C. Rydalch, Thos. Atkin. 
 
 Utah County — A. O. Smoot, L. E. Harrington, S. R. Thurman, J. E. 
 Booth, John J. Boyer, Jon. S. Page, G. D. Snell, John C. Graham. 
 
 Wasatch and Uintah Counties — Abram Hatch, Henry S. Alexander. 
 
 Washington County — Richard Bentley, Edwin G. Woolley. 
 
 Weber County— F. S. Richards, L. W. Shurtliff, Joseph Stanford, F. 
 A. Hammond, IST. Tanner, Jr. 
 
 Report w^as accepted. 
 
 A communication from Mr. Robert Harkness delegate-eleot from 
 Salt Lake County, excusing himself from acting was received and read, and 
 
 On motion of Mr. Penrose, Mr. Harkness was excused, and Mr. 
 James Sharp, alternate, was substituted. 
 
 Roll was called — all present. 
 
 Prayer was offered by Mr. A. 0. Smoot. 
 
 Mr. Penrose moved that a committee of seven be appointed by the 
 Chair, to nominate officers for permanent organization. Carried. 
 
 The Chair appointed as said Committee, Messrs. C. W. Penrose, Ben 
 Sheeks, Mrs. S. M. Kimball, Messrs. Richard Bentley, L. E. Harrington, 
 G. W. Thatcher, Ward E. Pack. 
 
 After which, on motion of Mr. Booth, the Convention took recess until 
 4 o'clock p.m. 
 
 4 P.M. 
 
 Mr. Wells in the chair. 
 Roll called — quorum present. 
 Mr. Silas S. Smith officiated as Chaplain. 
 
 Mr. Penrose, Chairman of the Committee on Permanent Organization 
 reported as follows: 
 
11 
 
 City Hall, Scalt Lake City, April 10, 1882. 
 
 Mr. President: 
 
 Your Committee on Permanent Organization beg leave to report the 
 following nominations for permanent officers of this Convention, viz: 
 For President, Hon. Joseph F. Smith. 
 
 For Vice-Presidents, Hons. L. E. Harrington and Edward Dalton. 
 For Secretary, Hon . Arthur Stayner. 
 
 For Assistant Secretaries, Mr. Junius F. Wells, Mrs. Elmina S. Taylor 
 and Mr. L. R. Martineau. 
 
 For Chaplain, Elder W. W. Cluff. 
 
 For Sergeant-at- Arms, B. Y. Hampton. 
 
 For Messenger, Milando Pratt. 
 
 Respectfully submitted, 
 
 C. W. Penrose, 
 
 Chairman. 
 
 The report was accepted and the officers named elected. 
 
 The President-elect not being present, Vice-President Harrington 
 took the chair. 
 
 The roll was called, and 
 
 The Chaplain offered prayer. 
 
 Mr. Caine, Notary Public, administered the oath to the members and 
 officers present. 
 
 Vice-President Harrington then administered the oath to Mr. Caine. 
 
 Mr. Caine presented the following: 
 
 I move that the following list of Standing Committees be adopted by 
 this Convention and the President appoint the members thereof: On 
 Ordinance and Bill of Rights; on Legislative Department; on Execu- 
 tive Department; on Judiciary; on Municipal and other Corporations; 
 on Finance and State Debt; on Education; on Militia; on Taxation; 
 on Impeachment and Removal from Office; on Public Institutions; on 
 Boundary, Miscellaneous Provisions and Amendments; on Schedule and 
 Election Ordinance. 
 
 Pending consideration of which the Convention adjourned until Tues- 
 day, at 10 o'clock a.m. 
 
12 
 
 SECO:^D DAY. 
 
 Ttiesday, April 11, 1882. 
 
 10 A.M. 
 
 Mr. Harrington in the chair. 
 
 Eoll called — quorum present. 
 
 Prayer by the Chaplain. 
 
 Mr. John T. Caine administered the oath of office to Hon. Joseph 
 F. Smith, President, and Junius F. Wells, Assistant Secretary. 
 
 President in the chair. 
 
 Journal of Monday read and approved. 
 
 A motion to adjourn the Convention until October was made and lost* 
 
 Mr. Caine renewed his motion for the appointment of standing com- 
 mittees. 
 
 Mr. Rawlins offered as an amendment that one committee of fifteen 
 be appointed. 
 
 The amendment was put and lost, and the original motion carried. 
 
 Mr. Penrose moved that the number of members on each committee 
 be not to exceed seven. Carried. 
 
 By request, Mrs. Elmina- S. Taylor and Mr. Martineau, Assistant 
 Secretaries, were excused. 
 
 The Committee on Credentials reported that Mr. David Williams had 
 been elected, by a precinct meeting, delegate to the Convention for Emery 
 County, and recommended that, though the regularly elected delegate was 
 already enrolled, under the peculiar circumstances, Mr. Williams be re- 
 ceived as an honorary member of the Convention, with the right of 
 debate but not to vote. 
 
 The report was adopted and the Committee discharged. 
 
 Mr. Cluff moved that the national flag be hoisted daring the sittings of 
 the Convention. Carried. 
 
 On motion of Mr. Stout, the Convention adjourned at 11.30 a.m., 
 until Wednesday at 10 o'clock a.m. 
 
 Bendediction by the Chaplain. 
 
13 
 
 THIRD DAY. 
 
 Wednesday, April 12, 1882. 
 
 10 A.M. 
 
 Convention met pursuant to adjournment. 
 
 President in the chair. 
 
 Eoll called — quorum present. 
 
 Prayer by the Chaplain. 
 
 Journal of Tuesday read and approved. 
 
 Mr. Chas. N. Smith, of Kane County, was excused, and Mr. Isaac 
 Duffin, alternate, substituted on the roll. 
 
 The President announced the standing, committees. 
 
 Mr. Nibley moved that a committee of three be appointed to nego- 
 tiate for the necessary printing ordered by the Convention. 
 
 The motion was carried, and the President appointed Messrs. Mbley, 
 Hatch and Winder, Printing Committee. 
 
 Mr. Rawlins moved that the chairmen of the several committees con- 
 stitute a General Committee of Thirteen, to whom thereportsof the several 
 committees may be referred for revision and consolidation. Carried. 
 
 Mrs. Emmeline B. Wells moved that, in view of the unavoidable ab- 
 scence of Mrs. Howard, that Mrs. S. M. Kimball be substituted on the 
 Committee on Ordinance and Bill of Rights. Carried. 
 
 On motion of Mr. Eldredge, the Convention adjourned at 11:20 a.m., 
 until Thursday at 2 o'clock p.m. 
 
 Benediction by the Chaplain. 
 
14 
 
 FOURTH DAY. 
 
 Thursday, April 13, 1882. 
 
 2 P.M. 
 
 Convention assembled pursuant to adjournment. 
 
 Mr. Harrington in the chair. 
 
 Eoll called — quorum present. 
 
 Prayer by the Chaplain. 
 
 Journal of Wednesday read and approved. 
 
 Mr. Richards moved that the following named gentlemen be added to 
 the Committee on Revision and Consolidation, viz: Messrs. Young, Booth, 
 Sheeks, Thurman, Stout, Tanner, Rawlins and Eiter. Carried. 
 
 The following committees reported: 
 
 On Legislative Department; on Municipal and other Corporations; on 
 Finance and State Debt; on Militia; on Taxation; on Impeachment and 
 Removal from Office; on Public Institutions; on Boundaries; on Mis- 
 cellaneous Provisions and Amendments. 
 
 The respective reports were read and referred to the Committee on 
 Revision. 
 
 The following report was read and adopted: 
 
 Salt Lake City, April 13th, 1882. 
 
 Mr. President: 
 
 Your Committee appointed to arrange for the necessary printing for 
 this Convention, respectfully report that such arrangement has been made 
 with the Deseret News Company, which has kindly consented to do said 
 printing without any contract for compensation. 
 
 Chas. W. Nibley. 
 
 Chairman. 
 
 On motion of Mr. Richards, Convention adjourned until Friday at 
 2 o'clock p.m. 
 
 Benediction by the Chaplain. 
 
15 
 
 FIFTH DAY. 
 
 Friday, April 14, 1882. 
 
 2 P.M. 
 
 Convention assembled pursuant to adjournment. 
 
 President in the chair. 
 
 Eoll called — quorum present. 
 
 Prayer by the Chaplain. 
 
 Journal of Thursday read and approved. 
 
 The following committees reported: 
 
 On Ordinance and Bill of Rights; on the Executive Department; on 
 Judiciary; on Education; on Schedule and Election Ordinance. 
 
 The reports of the several committees were read and referred fe fe« 
 Committee on Revision . 
 
 On motion of Mr. Booth, Convention adjourned at 2:55 p.m., until 
 Saturday at 10 o'clock a.m. 
 
 Benediction by the Chaplain. 
 
 SIXTH DAY. 
 
 Saturday, April 15th, 1882. 
 
 10 A.M. 
 
 Convention assembled pursuant to adjournment. 
 
 President in the chair. 
 
 Roll called — quorum present. 
 
 Prayer by the Chaplain. 
 
 Journal of Friday read and approved. 
 
 Mr. D. H. Wells, Chairman of the Committee on Revision, reported 
 progress of that Committee, and asked for further time in which to report 
 more fully. 
 
 Report accepted. 
 
 A discussion having arisen in regard to the duties of the Committee on 
 Revision, 
 
 Mr. Hatch presented the following: 
 
 I move that the Committee on Revision and Consolidation be author- 
 
16 
 
 ized to amend, revise and compile the reports submitted to them by 
 the Convention, and be instructed to report the Constitution at the 
 next session to which the Convention may adjourn. 
 
 Mr. Hougaard, delegate from Sanpete County, was excused. 
 
 Carried. 
 
 On motion of Mr. Eichards, the Convention adjourned at 11:50 a.m«, 
 until Wednesday at 2 o'clock p.m. 
 Benediction by the Chaplain. 
 
 SEVENTH DAY. 
 
 Wednesday, April 19, 1882. 
 
 2 P.M. 
 
 Convention assembled pursuant to adjournment. 
 
 President in the chair. 
 
 Eoll called. 
 
 Journal of April 15th read and approved. 
 
 On motion of Mr. Booth, Mr. Luther T. Tuttle, delegate from Sanpete 
 County, was sworn in and enrolled. 
 
 Mr. Wells, Chairman of the Committee on Kevision, etc., reported 
 progress of that Committee, and asked for further time to make final re- 
 port, and stated that the Committee would probably be ready to report in 
 three days. 
 
 Mr. Hatch moved that in consideration of the time required by the 
 Committee, that when the Convention adjourns it be until Tuesday, April 
 25, at 2 o'clock p.m. Carried. 
 
 On motion of Mr. Caine, the Convention adjourned at 2:35 p.m., until 
 Tuesday, April 25, at 2 o'clock p.m. 
 
 Benediction by the Chaplain. 
 
17 
 
 EIGHTH DAY. 
 
 Tuesday, April 25th, 1882. 
 
 2 P.M. 
 
 Convention met pursuant to adjournment. 
 
 President in the chair. 
 
 Roll called — quorum present. 
 
 Prayer by the Chaplain. 
 
 Journal of April 19th read and approved. 
 
 Mr. Page, delegate from Utah County, was excused, and Mr. Boyle, 
 alternate, was sworn in and enrolled. 
 
 Mr. Wells, Chairman of the Committee on Revision, etc., made the 
 following report: 
 
 Hon. Joseph F. Smith, President, and Members of the Constitutional 
 Convention: 
 
 Gentlemen: Your Committee of twenty-one, to whom was referred the 
 duty of the compilation, revision and amendment of the reports of the 
 several Committees, with instructions and authority to prepare the Constitu- 
 tion in a form which your Committee can recommend for adoption, now 
 report that they have acted on said matter as instructed and authorized, 
 and present the accompanying document and recommend its adoption as 
 the Constitution of the future State of Utah. 
 
 Your Committee also recommend that the Convention appoint a com- 
 mittee ef five to superintend the details of the election for the ratification 
 of the Constitution. 
 
 Respectfully, 
 
 Daniel H. Wells, 
 
 Salt Lake City, April 25th, 1882. Chairman. 
 
 Report accepted and the Committee discharged. 
 
 On motion of Mr. Rawlins, the Convention went into Committee of 
 the Whole to consider the ConbLltution reported by the Committee on Re- 
 vision. 
 
 At 3 p.m., the Chairman reported the proceedings of the Comm'ittee of 
 the Whole. 
 
 Mr. Wells moved that a committee of five be appointed to draft a 
 memorial to Congress, to accompany the Constitution. Carried. 
 
 On motion of Mr. Stout, the Convention adjourned at 3:30 p.m., until 
 Wednesday, at 10 o'clock a.m. 
 
 Benediction by the Chaplain. 
 
18 
 
 NINTH DAY. 
 
 Wednesday, April 26tli, 1882. 
 10 A.M. 
 
 Convention met pursuant to adjournment. 
 
 President in the chair. 
 
 Eoll called — quorum present. 
 
 Prayer by the Chaplain. 
 
 Journal of the 25th read and approved. 
 
 Mr. Woolley, delegate from Washington County, was excused. 
 
 On motion of Mr. Eichards, the Convention went into Committee of 
 the Whole. 
 
 At 12:20 p.m., the Chairman of the Committee of the Whole sub- 
 mitted the following report: 
 
 Salt Lake City, April 27th, 1882. 
 
 Mr. President, and Members of the Convention: 
 
 Gentlemen: The Committee of the Whole beg leave to report that we 
 have carefully considered and amended the Constitution prepared by the 
 Committee on Revision, and herewith present it to the Convention and re- 
 commend its adoption as amended. 
 
 Eespectfully, 
 
 Jos. F. Smfth, 
 
 Chairman. 
 
 Mr. Penrose moved that the Constitution, as reported by the Com- 
 mittee of the Whole, be read the third time by its title. Carried. 
 
 The title was read and amended. 
 
 Mr. Stout moved that the Constitution be now passed and adopted. 
 
 The yeas and nays were then taken. 
 
 vl2/es— Messrs. R. H. Baty, Peter Barton, T. W. Brewerton, W. A. C. 
 Bryan, J. E. Booth, John S. Boyer, H. G. Boyle, C. 0. Card, Elias Cox, 
 Jno. T. Caine, James Crane, J. P. Christensen, W. W. Cluff, Edward 
 Dalton, Isaac Duffin, Alma Eldredge, Samuel Francis, John C. Graham, 
 Joseph Howell, Edwin Harlej^, Mrs. Elizabeth Howard, Messrs. L. E. Har- 
 rington, Abram Hatch, F. A. Hammond, Culbert King, Joseph Kimball, 
 Mrs. Sarah M. Kimball, Messrs. James Lowe, Christian N. Lund, R. R. 
 Llewellyn, James Mack, C. W. Nibley, C. W. Penrose, Jos. V. Robinson, 
 W. W. Riter, Jos. L. Rawlins, Henry D. Reese, Wm. C. Rydalch, F. S. 
 Richards, Arthur Stayner, Ben Sheeks Hosea Stout, Jos. F. Smith, 
 James Sharp, Wm. H. Seegmiller, Geo.^ D. Snell, Jj. W. ShurtlifF, Jos. 
 
19 
 
 Stanford, Geo. W. Thatcher, I. C. Thoreson, William Thurgood, Albert 
 D. Thurber, S. E. Thurman, Nathan Tanner, Jr., Luther T. Tuttle, 
 Daniel H. Wells, John R. Winder, Mrs. Emmeline B. Wells, Le Grande 
 Young. 
 
 Noes — None. 
 
 Absent — Messrs. H. S. Alexander, Thos. Atkin, Richard Bentley, 
 George Crane, James McKnight, John Mj^ers, L. John Nuttall, Ward E. 
 Pack, Oliver G. Snow, Silias S. Smith, A. 0. Smoot, W. A. Warnock, E. 
 G. Woolley. 
 
 The President announced the vote as follows: Ayes — 59. Noes — None. 
 Absent— 13. 
 
 And the Constitution is therefore adopted. 
 
 Mr. Riter moved that three engrossed copies of the Constitution be 
 prepared and signed by all the members of the Convention. Carried. 
 
 Mr. Thurman moved that when the Convention adjourn it be to meet 
 at this place Tuesday, June 6, at 2 o'clock p.m. Carried. 
 
 Mr. Richards moved that five thousand copies of the Constitution, in 
 connection with a list of the names of officers and members of the Con- 
 vention, the standing committees, and a brief record of the daily proceed- 
 ings, be printed and distributed under the direction of the President and 
 Secretary. Carried. 
 
 The President nominated the Committee to prepare a memorial to 
 Congress. 
 
 On motion of Mr. Stout, the President and Secretary, added to the 
 Committee on Memorial, constituted a committee authorized to supervise 
 the election for the ratification of the Constitution. 
 
 It was resolved that each member consider himself an advisory com- 
 mittee at large, to give information concerning the Constitution and 
 election, and to answer questions relating thereto. 
 
 Mr. Stout moved a vote of thanks to the President, officers, and 
 members of the Convention. Carried. 
 
 Mr. Boyer moved a vote of thanks to the Deseret News Company, for 
 printing. Carried. 
 
 The^ Journal was read and approved, and. 
 
 On motion of Mr. Graham, the Convention adjourned at 12 o'clock,, 
 noon, until Tuesday, June 6, at 2 o'clock p.m. 
 
 Benediction by the Chaplain. 
 
CONSTITOTION OF THE STATE OF UTAH. 
 
 PREAMBLE. 
 
 We, the people of the State of Utah, grateful to Almighty God for 
 our freedom, in order to secure its blessings, insure domestic tranquillity 
 and form a more perfect government, do establish this 
 
 CONSTITUTION. 
 
 Article I. Bill of Rights. 
 
 Sec. 1. All men are possessed of equal and inalienable natural rights, 
 among which are life, liberty and the pursuit of happiness. 
 
 Sec. 2. All free governments are founded on the authority of the 
 people, and instituted for their equal protection and benefit. 
 
 Sec 3. The right of trial by jury shall remain forever inviolate. 
 
 Sec. 4. The right to worship God, according to the dictates of conscience, 
 shall never be infringed; nor shall any person be compelled to attend or sup- 
 port any form of worship; nor shall any control of, or interference with the 
 rights of conscience be permitted, nor any preference be given by law to any 
 religious establishment or mode of worship. No religious test or property 
 qualification shall be required for any ofhce of public trust, nor for any vote 
 at any election, nor shall any person be incompetent to testify on account of 
 religious belief. 
 
 Sec. 5. The privilege of the writ of habeas corpus shall not be suspended, 
 unless, when in cases of rebellion or invasion, the public safety may require 
 its suspension. 
 
 Sec 6. Excessive bail shall not be required, nor excessive fines im- 
 posed, nor shall cruel or unusual punishments be inflicted. 
 
 Sec 7. All persons shall be bailable by sufficient sureties; unless for 
 capital offences, when the proof is evident or the presumption great. 
 
 Sec 8. No person shall be held to answer for a capital, or otherwise 
 infamous crime, unless on a presentment or indictment of a grand jury, 
 <3xcept in cases arising in the land and naval forces, or in the militia when 
 in actual service in time of war or public danger, nor shall any person 
 for the same offence be twice put in jeopardy; nor be com- 
 pelled in any criminal case to be witness against himself, nor be de- 
 prived of life, liberty, or property, without due process of law; nor shall 
 private property be taken for public use without just compensation. 
 
 Sec 9. In all criminal prosecutions the accused shall enjoy the right to a 
 
21 
 
 speedy and public trial, by an impartial jury of the Stateand district wherein 
 the crime shall have been committed, which district shall have been 
 previously ascertained by law, and to be informed of the nature and cause of 
 the accusation; to be confronted with the witnesses against him; to have 
 compulsory process for obtaining witnesses in his favor, and to have the 
 assistance of counsel for his defence. 
 
 Sec. 10. The State shall pass no law abridging the freedom of speech or 
 of the press, or the right of the people peaceably to assemble, and petition 
 the government for the redress of grievances. 
 
 Sec. 11. The military shall be subordinate to the civil power. 
 Sec. 12. No soldier shall, in time of peace, be quartered in any house 
 without the consent of the owner, nor in time of war, except in the manner 
 to be prescribed by law. 
 
 Sec. 13. Representation shall be apportioned according to population. 
 Sec. 14. There shall be no imprisonment for debt, except in cases of 
 fraud. 
 
 Sec. 15 Foreigners who are, or who may hereafter become, bona fide 
 residents of this State, shall enjoy the same rights in respect to the posses- 
 sion, enjoyment, transmission and inheritance of property as native born 
 citizens. 
 
 Sec. 16. The right of the people to be secure in their persons, houses, 
 papers, and effects, against unreasonable searches and seizures, shall not be 
 violated; and no warrant shall issue but on probable cause, supported by 
 oath or affirmation, particularly describing the place or places to be 
 searched, and the person or persons, and thing or things, to be seized. 
 
 Sec. 17. Treason against the State shall consist only in levying war 
 against it, adhering to its enemies, or giving them aid and comfort. And 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. 18. The right of citizens to keep and bear arms, for common de- 
 fence, shall not be questioned. 
 
 Sec. 19. The blessings of free government can only be maintained by a 
 firm adherence to justice, moderation, temperance, frugality and virtue, and 
 by frequent recurrence to fundamental principles. 
 
 Sec. 20. This enumeration of rights shall not be construed to impair or 
 deny others retained by the people. 
 
 Article II.— Right of Sdffrage. 
 
 Sec. 1. Every citizen of the United States, not laboring under 
 the disabilities named in this constitution, of the age of twenty- 
 one years and over, who shall have resided in the State six months, and in 
 the county thirty days, next preceding any election, shall be entitled to vote 
 for all officers that now are or hereafter may be elected by the people, and 
 upon all questions submitted to the electors at such election; Provided, That 
 no 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, 
 shall be entitled to the privileges of an elector. 
 
 Sec. 2. During the day on which any general election shall be held, no 
 elector shall be obliged to perform military duty, except in time of war or 
 public danger. 
 
 Sec. 3. All elections by the people shall be by secret ballot. 
 
22 
 
 Sec. 4. Provision shall be made by law for the registration of the 
 names of the electors within the counties of which they may be residents, 
 and for the ascertainment, by proper proofs, of the persons who shall be 
 entitled to the right of suffrage. 
 
 Article III.— Distribution of Powers. 
 
 Sec. 1. The powers of the government of the State ofjUtah shall be di- 
 vided into three separate departments— the legislative, the executive and the 
 judicial; and neither of said departments shall exercise any functions apper- 
 taining to either of the others, except in the cases herein expressly 
 directed or permitted. 
 
 Article IV. — Legislative Department. 
 
 Sec. 1. The legislative authority of this State shall be vested in a legis- 
 lature, which shall consist of a senate and house of representatives, and the 
 sessions thereof shall be held at the seat of government. 
 
 Sec. 2. The sessions of thelegislature shall 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 legislature by proclamation. 
 
 Sec. 3. The members of the house of representatives shall, except at 
 the first election, be chosen biennially, by the qualified electors of their re- 
 spective districts, on the first Monday in August, and their term of office shall 
 be two years from the day next after their election. 
 
 Sec. 4. The senators shall be chosen by the qualified electors of their 
 respective districts, at the same time and places as the members of the house 
 of representatives, and their term of office shall be four years from the day 
 next after their election, except as herein otherwise provided. 
 
 Sec. 5. The first legislature shall consist of thirteen senators and twen- 
 ty-six representatives; the number of senators and representatives may be 
 increased, but the senators shall never exceed thirty in number, and the 
 number of representatives shall never be less than twice that of the senators. 
 The apportionment and increase of the members of both houses shall be as 
 prescribed by law. 
 
 Sec. 6. No person shall be a senator who shall not have attained the age 
 of twenty-five years, nor shall any person be a senator or representative who 
 shall not be a citizen of the United States, and who, except at the first elec- 
 tion, shall not have been two years a resident of this State, and for one year 
 next preceding his election a resident of the district in which he is elected. 
 No person holding any State office except officers of the State Militia, com- 
 missioners of deeds and notaries public, and no executive or judicial officer 
 shall have a seat in the legislature. 
 
 Sec. 7. The members of the legislature shall, before entering upon their 
 official duties, take an oath or affirmation to support the Constitution of the 
 United States and of this Slate, and faithfully to discharge the duties of their 
 respective offices. 
 
 Sec. 8. Eacli house shall judge of the qualifications, elections, and returns 
 of its own members, may punish them for disorderly conduct, and with 
 the concurrence of two-thirds of its whole number, expel a member. 
 
 Sec. 9. No member of the legislature shall, during the term for which 
 
23 
 
 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 office as may be filled 
 by election by the people. 
 
 Sec. 10. Members of the legislature, in all cases except treason, felony, 
 or breach of the peace, shall be privileged from arrest during the session of 
 the legislature, and for fifteen days next before the commencement and after 
 the termination thereof. 
 
 Seo. 11. When a vacancy occurs in either house, the governor shall 
 order an election to fill such vacancy. 
 
 Sec. 12. A. majority of all the members elected to each house shall con- 
 stitute a quorum to transact business, but a smaller number may adjourn 
 from day to day, and compel the attendance of absent members in such 
 manner and under such penalties as each house may prescribe. 
 
 Sec. 13. Each house shall establish its own rules, keep a journal of its 
 own proceedings, and publish them, except such parts as require secrecy, 
 and the yeas and nays of the members of either house, on any question, 
 shall, at the desire of any three members present, be entered on the journal. 
 
 Sec. 14. The door of each house shall be kept open during its session, 
 except the senate while sitting in executive session; and neither house shall, 
 without the consent of the other, adjourn for more than three days, nor to 
 any other place than that in which it may be holding session. 
 
 Sec. 15. The enacting clause of every law shall be as follows: "Be it 
 enacted by the legislature of the State of Utah." 
 
 Sec. 16. Any bill or joint resolution may originate in either house of 
 the legislature, and shall be read three times in each house before the final 
 passage thereof, and shall not become a law without the concurrence of a 
 majority of all the members elected to each house. On the final passage of 
 all bills the vote shall be by yeas and nays, which shall be entered on the 
 journal. 
 
 Sec. 17. No law shall be revised or amended by reference to its title 
 only, but the act as revised, or section as amended, shall be enacted and 
 published at length. 
 
 Sec. 18. All bills or joint resolutions passed by the legislature shall be 
 signed by the presiding officers of the respective houses. 
 
 Sec. 19. The legislature shall not grant any special privilege or bill of 
 divorce, nor authorize any lottery, gift enterprise or game of chance. 
 
 Sec. 20. No money shall be drawn from the treasury except as appro- 
 priated by law. 
 
 Sec. 21. Provision shall be made by law for bringing suit against the 
 State. 
 
 Sec. 22. The first regular session of the legislature may extend to 
 one hundred and twenty days, but no subsequent regular session shall ex- 
 ceed sixty days, nor shall any session convened by the governor exceed 
 twenty days. 
 
 Sec. 23. The members and officers of the legislature shall receive for 
 their services a compensation to be fixed by law, and no increase of such 
 compensation shall take effect during the term for which the members and 
 officers of either house shall have been elected. 
 
 Sec. 24. Every bill passed by the legislature shall be presented to the 
 governor. If he approve it, he shall sign it, whereupon it shall become a 
 law; but if not, he shall return it, with his objections, to the house in which 
 
24 
 
 it originated, which house shall cause such objections to be entered upon its 
 journal, and proceed to reconsider it. If, after such consideration, it again 
 pass both houses, by a vote of two-thirds of the members elected to each 
 house, it shall become a law, notwithstanding the governor's objections. If 
 any bill shall not be returned within five days after it shall have been pre- 
 sented to him, Sunday excepted, exclusive of the day on w^hich he received 
 it, the same shall be law in like manner as if he had signed it, unless the 
 legislature, by its final adjournment, prevent such return, in which case it 
 shall not become a law unless the governor, within five days after the ad- 
 journment, sliall file such bill, with his approval thereof, in the ofiice of 
 the secretary of State. 
 
 Article V.— Executive Department. 
 
 Sec. 1. The supreme executive power of this State shall be vested in a 
 governor. ^ 
 
 Sec. 2. The governor shall be elected by the qualified electors at the 
 time and places of voting for the members of the legislature, and shall 
 hold his office for the term of two years, and until his successor shall be 
 qualified. 
 
 Sec. 3. No person shall be eligible to the office of governor who is not 
 a qualified male elector, and who, at the time of such election, has not at- 
 tainedthe age of twenty-five years, and who, except at the first election 
 under this constitution, shall not have been a citizen resident of this State 
 for two years next preceding the election. 
 
 Sec. 4. The governor shall be commander-in-chief of the military forces 
 of this State, and may call out the same to execute the laws, suppress insur- 
 rection, and repel invasion; and when the governor shall, with the consent 
 of the legislature, be out of the State in time of war, and at the head of any 
 military force thereof, he shall continue commander-in-chief of the military 
 forces of the State. 
 
 Sec. 5. He shall transact all executive business for and in behalf of the 
 State, and may require information in writing from the officers of the exec- 
 utive department, upon any subject relating to the duties of their respective 
 offices. 
 
 Sec. 6. When any office shall from any cause become vacant, and no 
 mode is prescribed by the constitution and laws for filling such vacancyi 
 the governor shall have power to fill such vacancy by appointment, which 
 shall expire when such vacancy shall be filled by due course of law. 
 Sec. 7. He shall see that the laws are faithfully executed. 
 Sec. 8. The governor may, on extraordinary occasions, convene the 
 legislature by proclamation, and shall state to both houses when organized 
 the purpose for which they have been convened. 
 
 Sec. 9. He shall communicate by message to the legislature, at every 
 regular session, the condition of the State, and recommend such measures 
 as he may deem expedient. 
 
 Sec. 10. The governor shall have power to grant reprieves, commuta 
 tions and pardons, after conviction, of all offenses except impeachment, 
 subject to such regulations as may be provided by law. 
 
 Skc. 11. A lieutenant-governor shall be elected at the same time and 
 places and in the same manner as the governor, and his terra of office and 
 his eligibility shall also be the same. He shall be the president of the senate, 
 but shall only have a casting vote therein. In case of impeachment of the 
 
25 
 
 governor, or his removal from office, death, inability to discharge the duties 
 of said office, resignation, or absence from the State, the powers and duties 
 of the office sliall devolve upon the lieutenant-governor for the residue of 
 the term, or until the disability shall cease; and in case of the disability o^ 
 both the governor and lieutenant-governor, the powers and duties of the 
 executive shall devolve upon the secretary of State, until such disability 
 shall cease, or the vacancy be filled. 
 
 Sec. 12. A secretary of State, a treasurer, an auditor, a surveyor- 
 general, a superintendent of public instruction, and an attorney-general, 
 shall be elected at the same time and places, and in the same manner as the 
 governor; the term of office of each shall be the same as is prescribed 
 for the governor. Any male elector who, except at the first election, shall 
 have resided in this State two years, next preceding such eleciion, shall be 
 eligible to any of said offices, except the secretary of State, whose qual- 
 ifications shall be the sama as those of the governor. 
 
 Sec. 13. There shall be a seal of the State, kept by the secretary of 
 State which shall be called the ''Great Seal of the State of Utah." 
 
 Sec. 14. All grants and commissions shall be in the nStme and by the 
 authority of the State of Utah, and shall be signed by the governor, and 
 countersigned by the secretary of Slate, who shall affix the great seal of the 
 State thereto. 
 
 Sec. 15. The' secretary of State shall bef the custodian of the official acts 
 of the legislature, and shall keep a true record of the proceedings of the 
 executive department of the government, and shall, when required, lay the 
 same and all other matters relative thereto before either branch of the legis- 
 lature. 
 
 Sec. 16. The secretary of State, treasurer, auditor surveyor-general, 
 superintendent of public instruction, and attorney -general shall perform 
 such other duties as may be prescribed by law. 
 
 Sec. 17. The governor shall not, during the term for which he is elected 
 and qualified, be elected to the Senate of the United States. 
 
 Article VI.— Judicial Department. 
 
 Sec. 1. The judicial power of this State shall be vested in a supreme 
 court, circuit courts, and such inferior courts as shall be established and 
 whose jurisdiction shall be determined by law. 
 
 Sec. 2. The supreme court shall c(jnsist of a chief justice and two asso- 
 ciate justices, a majority of whom shall constitute a quorum. 
 
 Sec. 3. The justices of the supreme court shall be elected by the qual- 
 ified electors of the State at the general election, and shall hold office for the 
 term of six years from and including the first Monday in January next suc- 
 ceeding their election; the senior justice in commission shall be chitf justice* 
 and in case the commissions of any two or more of said justices shall bear 
 the same date, they shall determine by lot who shall be chief justice. " 
 
 Sec. 4. The supreme court shall have appellate jurisdiction in all cases 
 arisingunder the laws of the State, including special proceedings. Tlie court 
 shall also have power to issue writs of mandamus, certiorari, prohibition, 
 quo warranto and habeas corpus, and also all writs necessary or proper to the 
 complete exercise of its appellate jurisdiction. Each of the justices shall 
 have power to issue writs of habeas corpus to any part of the State upon 
 petition by or on behalf of any person held in actual custody, and may 
 
26 
 
 make such writs returnable before himself or the supreme court, or before 
 any circuit court in the State, or before any judge of said courts. 
 
 Sec. 5. The State shall be divided into three or more iudicial circuits, in 
 each of which shall be elected, by the electors thereof, one judge, who shall 
 be the judge of the circuit court therein, and whose term of office shall be 
 four years, and until his successor shall be elected and qualified. Until oth- 
 erwise provided by law, there shall be three circuits, as follows: The coun- 
 ties of Rich, Cache, Box Elder, Weber, Davis, Morgan and Summit shal 
 constitute the first circuit; the counties of Salt Lake, Tooele, Utah, Juab, 
 Wasatch, Uintah, Sanpete and Emery shall constitute the second circuit; 
 and the counties of Sevier, Millard, Beaver, Piute, San Juan, Garfield, Iron, 
 Washington and Kane shall constitute the third circuit. 
 
 Sec. 6. The circuit courts shall have both chancery and common law 
 jurisdiction, and such other jurisdiction, both original and appellate, as may 
 be prescribed by law; Provided, That nothing herein shall be so construed as 
 to prevent the legislature rom cenferring limited common law or chancery 
 jurisdictiou upon inferior courts. 
 
 Sec. 7. The* judges of the circuit courts may hold court for each other, 
 and shall do so when required by law. 
 
 Sec. 8. The judges of the supreme and circuit courts shall be ineligible 
 to election to any other than a judicial office. 
 
 Sec. 9. No person shall be eligible to the office of supreme or circuit 
 judge who is not a male citizen of the United States, and has not attained 
 the age of twenty-five years, and who, except at the first election, has not 
 been a resident of this State at least two years next preceding his election. 
 
 Sec. 10. The judges of the supreme and circuit courts shall each receive 
 for his services a salary to be fixed by law, which shall not be diminished 
 for the term for which he shall have been elected. 
 
 Sec. 11. There shall be one or more terms of the circuit court held 
 annually at the county seat in each county, at such times as shall be prescribed 
 bylaw; Provided^ That two or more counties may be consolidated for judicial 
 purposes. 
 
 Sec. 12. The supreme court shall be always open for business, except 
 in cases of adjournment which, in no case, shall exceed thirty days, nor 
 shall any adjournment be taken while business requires the court to be in 
 session. Its sessions shall be held at the seat of government. 
 
 Sec. 13. The style of all process shall be "The State of Utah," and all 
 prosecutions shall be conducted in the name and by the authority of the 
 same. 
 
 Article YJ I. —Impeachment. 
 
 Sec. 1. The house of representatives shall have the sole power of im- 
 peachment, and all impeachments shall be tried by the senate. When 
 sitting as a court of impeachment, ihe senators shall be upon oath or affir- 
 mation to do justice according to law and evidence, and no person shall be 
 convicted without the concurrence of two thirds of all the members. 
 
 Sec. 2. The governor, judges of the supreme and circuit courts, and 
 other state officers shall be liable to impeachment. When the governor or 
 lieutenant governor is tried, the chief justice of the supreme court shall pre- 
 side, and in all cases judgment shall extend only to removal from office and 
 disqualification to hold any office of honor, trust or profit under this State, 
 
27 
 
 but the party convicted or acquitted shall nevertheless be liable to indict- 
 ment, trial and punishment according to law. 
 
 Sec. 3. When an impeachment is directed, the house of representatives 
 shall elect from their own body three members, whose duty it shall be to pros- 
 ecute such impeachment. No impeachment shall be tried until the final 
 adjournment of the legislature, when the senate shall proceed to try the same. 
 
 Sec. 4. In all impeachment trials the accused shall have the right to 
 appear, and in person, and by counsel, to demand the nature and cause of 
 the accusation, and to have a copy thereof; to meet the witnesses face to face, 
 and to have process to compel the attendance of witnesses in his behalf. 
 
 Sec. 5. All State officers shall be liable to impeachment for corrupt con- 
 duct in office, for immoral conduct, for habitual drunkenness, and for any act 
 which, by the laws of the State, may be made a felony. 
 
 Sec. 6. The legislature shall provide by law for the removal of any 
 ofllcer elected by a district, county, precinct or school district. 
 
 Article VIII.— Municipal and other Corporations. 
 
 Sec. 1. The legislature shall pass no special act conferring corporate 
 powers. 
 
 Sec. 2. The legislature shall provide for the organization of cities, 
 towns and villages, by general laws, and restrict their powers of taxation, 
 assessment, borrowing money, contracting debts and loaning their credit; 
 but for sanitary purposes and procuring supplies of water for irrigation 
 and other purposes, municipal corporations may borrow money to such 
 amount as may be determined by a two-thirds vote of the electors thereof. 
 
 Sec. 3. The legislature shall provide, by general laws, for the organiza- 
 tion of private corporations. 
 
 Sec. 4. This State shall not donate or loan money, or its credit, sub- 
 scribe to, or be interested in, the stock of any company, association or 
 corporation, except corporations formed for educational, charitable, 
 reformatory or irrigation purposes, which are to be and remain under the 
 patronage and control of the State. 
 
 Article IX. — Finance and State Debt. 
 
 Sec. 1. The legislature shall provide by law for an annual tax, sufficient 
 to defray the expenses of the State. 
 
 Sec. 2. The State shall not assume or guarantee the debts of any county, 
 city, town, village or private corporation nor loan money or its credit to or 
 in aid of any individual. 
 
 Article X.— Taxation. 
 
 Sec. 1. The legislature shall by law provide for a uniform and equal 
 rate of taxation, and shall prescribe such regulations as shall secure a 
 just valuation for taxation of all property, real, personal and posses- 
 sory; Pi^ovided, that mines and mining claims bearing gold, silver, and 
 other precious metals, except the net proceeds and surface improvements 
 thereof, shall be exempt from taxation for the period of ten years from the 
 date of the adoption of this constitution, and thereafter may be taxed as pro- 
 vided by law. 
 
28 
 
 Sec. 2. The property of the United States, and the property of this State, 
 shall be exempt from taxation, and such property as may belong to anj^ 
 county or municipal corporation or as may be used exclusively for 
 agricultural, horticultural, and scientific societies, or for school, religious, 
 cemetery, or charitable purposes, may be exempt from taxation, but such 
 exemptions shall be only by general law. 
 
 Sec. 3. The legislature shall not impose taxes for the purpose of any 
 county, city, town, or other corporation, but may by law vest in the corpor- 
 ate authorities thereof respectively the power to assess and collect taxes for 
 all purposes of such corporations. 
 
 Sec. 4. The property of non-residents shall never be taxed higher than 
 that of residents. 
 
 Article XI. — Education, 
 
 Sec. 1. The legislature shall provide for a uniform system of public 
 schools, and may establish free schools. Provided, That no sectarian or 
 denominational doctrines shall be taught in any school supported in whole 
 or in part by public funds. 
 
 Sec. 2. All legislation in regard to education shall be impartial, guaran- 
 teeing to all persons of every race, color and religion, equal rights and privi- 
 leges. 
 
 Sec. 3. The proceeds of all lands that have been or may be granted 'by 
 theUnited States to this State for the support of schools, shall be and remain 
 a perpetual fund, the interest of which, together with all the rents of the un- 
 sold lands, and such other means as the legislature may provide, shall be 
 inviolably appropriated to the support of the public schools throughout the 
 State. 
 
 Sec. 4. The University of Deseret shall be the University of this State, 
 and be under the control of the legislature, and constitute a public trust. 
 The proceeds of all lands that have been granted by Congress for univer- 
 sity purposes, shall be and remain a perpetual fund, the interest of 
 which, together with the rents of unsold lands, shall be appropriated to the 
 support of said university. 
 
 Sec. 5. No religious sect or denomination shall ever control or appro- 
 priate to its own use, any of the public school or]university funds of the State. 
 
 Akticle XII.— Militia. 
 
 Sec. 1. The militia of the State shall be composed of all able-bodied 
 male citizens between the ages of eighteen and forty-five years, except such 
 as are, or may hereafter be, exempted by the laws of the 
 United States or of this State, and shall be armed, equipped and disciplined 
 as the legislature may provide by law. 
 
 Sec. 2. All officers of the militia shall be elected by persons liable to 
 military duty, in such manner as the Legislature may provide. Stafi officers 
 shall be chosen from officers of the line. 
 
 Article XIII. — Public Institutions. 
 
 Sec. 1. Institutions for the benefit of the insane, and such other benev- 
 olent institutions as the public good may require, shall be fostered and sup- 
 ported by the State. 
 
29 
 
 Sec. 2. A State prison shall be established and maintained in such man- 
 ner as may be prescribed by law. 
 
 Sec. 3. The respective counties of the State shall provide, as may be 
 prescribed by law, for those inhabitants who, by reason of age and infirmity, 
 or misfortunes, may have claim upon the sympathy and aid of society. 
 
 Article XIV.— Boundary. 
 
 The boundary of the State of Utah shall be as follows: 
 Commencing at a point formed by the intersection of the thirty-second 
 degree of longitude west from Washington, with the thirty-seventh degree 
 of north latitude, thence due west along said thirty-seventh degree of north 
 latitude to the intersection of the same with the thirty-seventh degree of 
 longitude west from Washington; thence due north along said thirty-seventh 
 degree west longitude to the intersection of the same with the forty-second 
 degree of north latitude, thence due east along said forty-second degree of 
 north latitude to the intersection of the t^ame with the thirty-fourth degree 
 of longitude west from Washington; thence due south along said thirty- 
 fourth degree of west longitude lothe intersection of the same with the 
 forty- first degree of north latitude; thence due east along said forty-firs,t de- 
 gree of north latitude to the iulersection of the same with the thirty-second 
 degree of longitude west from Washmgton; thence due south along said 
 thirty-second degree west longitude to the place of beginning. 
 
 Article XV. — Miscellaneous Provisions, 
 
 Sec. 1. The seat of government shall be at Salt Lake City, or such place 
 as the legislature may determine. 
 
 Sec. 2. No person shall be eligible to any elective office who is not a 
 qualified elector, and no female citizen shall be eligible to serve as juror. 
 
 Sec. 3. The general election shall be held on the first Monday in 
 August of each year, unless otherwise provided by law. 
 
 Sec. 4. The legislature shall provide for the speedy publication of all 
 laws. 
 
 Sec. 5. The compensation of all State officers shall be as prescribed by 
 law; Pi'ovided^ No change of salary or compensation shall apply to any 
 officer, except a judge of the supreme or circuit court, during the term for 
 which he may have been elected. 
 
 Sec. 6. All executive officers of the State shall keep their respective 
 offices at the seat of government. 
 
 Sec. 7. A plurality of votes given at any election by the people shall 
 constitute a choice, where not otherwise provided by the constitution. 
 
 Sec. 8. No person holding any office of honor or profit under the gov- 
 ernment of the United States, shall hold office under the government of this 
 State, except postmasters whose annual compensation does not exceed three 
 hundred dollars, and except as otherwise provided in the constitution. 
 
 Sec. 9. 1"he returns of every election, except the first for governor and 
 other State officers, shall be sealed up and transmitted to the seat of govern- 
 ment by the returning officers, directed to the president of the senate, who, dur" 
 ing the first week of the session, shall open and publish tliem, and declare the 
 result in the presence of a majority of the members of each house of the 
 legislature. The person having the highest number of votes shall be de- 
 
30 
 
 clared duly elected, but if any two or more shall be highest and equal in 
 numbers of votes for the same office, one of them shall be chosen by the 
 "joint vote of both houses. 
 
 Sec. 10. All officers, executive, judicial and ministerial, shall? 
 before they enter upon the duties of their respective offices, take 
 and subscribe to the following oath or affirmation: I do solemnly 
 
 swear (or affirm) that I will support the Constitution of the United 
 States, and of the State of Utah, and will faithfully discharge the duties of 
 the office of , according to the best of my ability. 
 
 Sec. 11. Until otherwise provided by law, the several counties, as they 
 now exist, are hereby recognized as legal subdivisions of this State. 
 
 Sec. 12. All property, real and personal, owned by either husband or 
 wife before marriage, and that acquired by either of them afterwards, by 
 purchase, gift, devise or descent, shall be the separate property of each. 
 
 Article XVI. — Amendments. • 
 
 Sec. 1. Any amendment or amendments to this constitution, if agreed 
 to by a majority of all the members elected to each of the two houses of the 
 legislature, shall be entered on their respective journals, with the yeas and 
 nays taken thereon, and referred to the legislature then next to be elected, 
 and shall be published for three months next preceding the time of 
 such election, and if in the legislature next elected as aforesaid, such proposed 
 amendment or amendments shall be agreed to by a majorityof all the mem- 
 bers elected to each house, then it shall be the "duty of the legislature to sub- 
 mit such proposed amendment or amendments to the people, in such manner 
 and at such time as the legislature shall prescribe, and if the people shall 
 approve and ratify such amendment or amendments, by a majority of the 
 qualified electors voting thereon, such amendment or amendments shall be- 
 come a part of the constitution. 
 
 Sec. 2. If at any time the legislature, by a vote of two-thirds of the 
 members elected to each house, shall determine that it is necessary to cause a 
 revision of this constitution, the electors, shall vote at the next election 
 for members of the legislature, for or against a convention for 
 that purpose, and if it shall appear that a majority of the elector^ 
 voting at such election shall have voted in favor of calling a con- 
 vention, the legislature shall, at its next session, provide by law for calling a 
 convention, to be held within six months after the passage of such law; 
 and such convention shall consist of a number of members not less than 
 that of the two branches of the legislature. 
 
 Article XVII.— Schedule and Election. 
 
 Sec. 1. That no inconvenience may arise by reason of a change from a 
 territorial to a State goverimient, it is declared that all rights, actions, prose- 
 cutions, judgments, claims and contracts, as well of individuals as of bodies 
 corporate, both public and private, shall continue as if no change had taken 
 place, and all process which may issue under the authority of the Territory 
 of Utah previous to its admission into the Union shall be as valid as if issued 
 in the name of the State of Utah. ^ 
 
 Sec. 2. All laws of the Territory of Utah, in force at the time of the 
 admission of this State, not repugnant to this constitution, shall remain in 
 
31 
 
 force until they expire by their own limitations, or are altered or repealed by 
 the legislature. 
 
 Sec. 3. All fines, penalties and forfeitures accruing to the Territory of 
 Utah, or to the people of the United States in the Territory of Utah, shall 
 inure to this State, and all debts, liabilities and obligations of said Territory, 
 shall be valid sgainst the State, and enforced as may be provided by law. 
 
 Sec. 4. All recognizances heretofore taken, or which may be taken be, 
 fore the change from a territorial to a State government, shall remain valid- 
 and shall pass to and be prosecuted in the name of the State; and all bonds 
 executed to the governor of the Territory, or to any other officer or court, in 
 his or their ofiicial capacity, or to the people of the United States in the 
 Territory of Utah, shall pass to the governor or other ofiicer or court, and 
 his or their successors in office, for the uses therein respectively expressed 
 and may be sued on and recovery had accordingly; and all revenue, prop- 
 erty, real, personal, or mixed, and all judgments, bonds, specialties, choses 
 in action, claims and debts, of whatsoever description, and all records and 
 public archives of the Territory of Utah, shall issue and vest in the State of 
 Utah, and may be sued for and recovered in the same manner and to the 
 same extent by the State of Utah as the same could have been by the Terri- 
 tory of Utah. All criminal prosecutions and penal actions which may have 
 arisen, or which may arise before the change from a territorial to a State 
 government, and which shall then be pending, shall be prosecuted to 
 judgment and execution in the name of the State. All offences committed 
 against the laws of ihe Territory of Utah before the change from a territo- 
 rial to a State government, and which shall not be prosecuted before such 
 change, may be prosecuted in the name and by the authority of the State 
 of Utah, with like effect as though such change had not taken place; and all 
 penalties incurred shall remain the Ssame as if this constitution had not been 
 adopted. All actions at law and suits in equity, and other legal proceedings 
 w^hich may be pending in any of the courts of the Territory of Utah at the 
 time of the change from a territorial to a State government, may be contin- 
 ued and transferred to and determined by any court of the State havsng 
 iurisdiction; and all books, papers and records relating to the same shall be 
 transferred^in like manner to such court. 
 
 Sec. 5. For the purpose of taking the vote of the electors of this Terri- 
 tory for the ratification or rejection of this constitution, a special election 
 shall be held in the several counties of this Territory, on Monday, the 
 twenty-second day of May, A.D. 1882, which shall be conducted in the fol- 
 lowing manner: The county clerks of the several counties shall cause 
 notices of said election to be posted up in each election precinct in said county, 
 at least ten days before the di'. 3' of said election. The senior justice of the 
 peace of each precinct shall act us judge of said election, or in case of his 
 absence or inability to act, a judjj^e may be elected by the six electors first 
 assembled at the polls. The judge shall appoint a clerk, whose duty it shall 
 be to keep a list of the names of all persons voting, which list shall ' form 
 a part of the returns of said elcccion. All votes cast shall first be delivered 
 by the elector to the judge, who shall deposit the same in the ballot box in 
 the presence of the elector and clerk. Ballot boxes and stationery shall be 
 furnished by the county court, and the canvassing of votes and returns of 
 said election of the several precincts shall be as provided in an act entitled 
 "An Act providing for the registration of voters, and to further regulate the 
 manner of conducting elections in this Territory," approved February 22d, 
 
32 
 
 1878, except as herein otherwise provided. The term elector, as used in this 
 section, shall be understood to mean any citizen of the United States, over 
 twenty-one years of age, residing in the Territory. 
 
 Sec. 6. Each elector shall vote by a ballot, whereon shall be written or 
 printed "Constitution, yes," or "Constitution, no." 
 
 Sec. 7. The county clerks of their respective counties shall forthwith 
 make returns of said election, and transmit the same by the most safe and 
 expeditious conveyance, to Arthur Stayner, the secretary of this convention, 
 enclosed in an envelope marked "Election Returns." 
 
 Sec. 8. Upon receipt of said returns, or within fourteen days after the 
 election, if the returns be not sooner received, it shall be the duty of a board 
 of canvassers, to consist of the i^resident and secretary of this convention, 
 and the probate judge of Salt Lake County, or any two of the persons herein 
 named, to canvass the returns of said election in presence of all who may 
 choose to attend, and immediately publish an abstract of the same in one 
 or more of the newspapers in the Territoiy of Utah, and forward a copy of 
 said abstract, duly certified by them, to the President of the Senate, Speaker 
 of the House of Representatives, and the Delegate in Congress from Utah 
 Territory. 
 
 Sec. 9. Until otherwise provided by law, the apportionment of senators 
 and representatives in the different counties shall be as follows: Cache, Rich, 
 Box Elder and Weber counties, shall elect three senators to the legislature; 
 Wasatch, Uintah, Summit and Morgan counties, one; Salt Lake, Davis 
 and Tooele counties, four; Utah and Juab counties, two; Sanpete, 
 Sevier and Emery counties, one; Millard, Beaver, Iron, Gartield 
 and Piute counties, one; Washington, Kane and San Juan counties, 
 one; Cache and Rich counties shall elect three representatives to the legisla- 
 ture; Box Elder County, one; Weber County, two; Wasatch and Uintah 
 counties, one; Summit County, one; Morgan, Salt Lake and Davis coun- 
 ties, seven; Tooele County, one; Utah and Juab counties, four; Sanpete, 
 Sevier and Emery counties, two; Millard County, one; Beaver and Piute 
 counties, one; Iron, Garfield and San Juan counties, one; Washington and 
 Kane counties, one. 
 
 Sec. 10. A copy of this constitution, certified to be correct by the presi- 
 dent and secretary of this convention, shall be published by them as soon 
 as practicable in one or more of the newspapers in this Territory. Such 
 president and secretary shall, immediately after its ratification , forward a 
 copy of this constitution, duly certified, to the President of the United 
 States, President of the Senate and Speaker of the House of Representatives, 
 and shall deliver or forward a copy, certified as aforesaid, to each of the del- 
 egates who may hereafter be elected by this convention. 
 
 Sec. 11. The term of State officers, except judicial, elected at the first 
 election, shall continue from the time of qualification until the expiration 
 of two years from the first Monday in January next succeeding their election 
 and until the election and qualification of their successors. 
 
 Sec. J 2. The State senators to be elected at the first election under this 
 constitution, shall draw lots, so that the term of one-half of the number, as 
 nearly as may be, shall expire at the end of one year from the first Monday 
 in August, next succeeding their election, and the term of the other half 
 shall expire in three years from the first Monday in August next succeeding 
 their election, so that one-half, as nearly as possible, shall be elected b- 
 ennially thereafter. Provided, That in drawing lots for all senatoria 
 
33 
 
 terms, the senatorial representation shall be allotted so that in the counties 
 having two or more senators, the terms thereof shall be divided as equally 
 as may be between the long and short terms, and in case of increase in the 
 number of senators they shall be so annexed by lot to one or the other of the 
 two classes as to keep them as nearly equal as practicable. 
 
 Sec. 13. The term of members of the house of representatives elected 
 at the first election shall expire at the end of one year from the first Monday 
 in August next succeeding their election. 
 
 Sec. 14. Unless otherwise provided by Congress, the first election under 
 this constitution shall be held on the first Mond^ay in the second month next 
 succeeding the passage of an enabling act or the approval of this constitu- 
 tion by Congress, and sucli election shall be conducted and returns thereof 
 made and the qualifications of electors shall be as herein provided for 
 the ratification or rejection of this constitution. The first session of the 
 Legislature shall commence, and all officers herein provided for shall enter 
 upon the duties of their respective offices, on the first Monday of 'the second 
 month next succeeding said election. 
 
 Sec. 15. There shall be elected at the first election, under this con- 
 stitution, three justices of the supreme court, who shall hold office 
 from and including the last Monday in the month next succeeding their elec- 
 tion,and continue in office thereafter, two, four and six years respeccively,f rom 
 and including the first Monday in January next succeeding their election. 
 They shall meet as soon as practicable after their election and qualification, 
 and, at their first meeting, shall determine by lot the term of 
 office each shall fill, and the justice drawing the shortest term shall be chief 
 justice, and after the expiration of his term, the one having the next shortest 
 term shall be chief justice. 
 
 Sec. 16. All officers under the laws of the Territory of Utah, at tliiie 
 time this constitution shall take effect, shall continue in office until their 
 successors are elected and qualified. The time of such election and qualifica- 
 tion shall be as prescribed by law. 
 
 Sec. 17. After the admission of this State into the Union, and until the 
 legislature shall otherwise provide, the several judges shall hold courts in 
 their respective circuits at such times and places as they may respectively 
 appoint; and until provisions shall be made by law for holding the terms of 
 the supreme court, the governor shall fix the time and place of holding such 
 court. 
 
 We hereby certify that the foregoing Constitution was adopted in con- 
 vention, at Salt Lake City, the twenty-seventh day of April, in the year 
 of our Lord one thousand eight hundred and eighty-two, and of the inde- 
 pendence of the United States the one hundred aud sixth. 
 
 Jos. F. Smith, 
 
 President, 
 Arthur Stayner, 
 
 Secretary. 
 Salt Lake City, April 27, 1882. 
 
85 
 
 ADJOURNED SESSION. 
 
 TENTH DAY. 
 
 City Hall, Salt Lake City, Tuesday, June 6, 1882. 
 
 Convention met pursuant to adjournment. 
 
 President in the chair. 
 
 Koll called — quorum present. ' 
 
 Prayer by Mr. James Crane. 
 
 The following named delegates being unable to attend, were excused 
 from the present session of the Convention: 
 
 Messrs. James Lowe, Beaver County; W. H. Seegmiller, Sevier County; 
 Jos. V. Eobinson, Millard County, and the following alternate delegates 
 were enrolled and sworn in: Messrs. Daniel Tyler, Beaver County; Gideon 
 A. Murdock, Sevier Oonnty; Wm. Haslam, Cache County, vice Jos. 
 Howell. 
 
 The Election Committee reportal an abstract of the returns of the 
 election held May 22d, as follows: 
 
 Returns of the election in the several counties of Utah Territory, held 
 May 22d, 1882, for the ratification or rejection of the Constitution of the 
 State of Utah: 
 
 iRARY 
 
 COUNTIES. CONSTITUTION, YES. CONSTITUTION, NO. TOTAL. 
 
 Beaver, 
 
 559 
 
 73 
 
 632 
 
 Box Elder, 
 
 1485 
 
 34 
 
 1519 
 
 Cache, 
 
 3113 
 
 
 3113 
 
 Davis, 
 
 1240 
 
 5 
 
 1245 
 
 Emery, 
 
 200 
 
 . 
 
 200 
 
 Garfield, 
 
 314 . 
 
 
 314 
 
 Iron, 
 
 459 
 
 2 
 
 461 
 
 Juab, 
 
 733 
 
 28 
 
 761 
 
 Kane, 
 
 757 
 
 1 
 
 758 
 
 Millard, 
 
 792 
 
 
 792 
 
 Morgan, 
 
 374 
 
 2 
 
 376 
 
 Piute, 
 
 182 
 
 33 
 
 215 
 
 Rich, 
 
 208 
 
 
 208 
 
 Salt Lake, 
 
 5358 
 
 16 
 
 5374 
 
 Sanpete, 
 
 2646 
 
 12 
 
 2658 
 
 Sevier, 
 
 872 
 
 
 872 
 
 Summit, 
 
 697 
 
 1 
 
 698 
 
 Tooele, 
 
 650 
 
 75 
 
 725 
 
 Utah, 
 
 4089 
 
 23 
 
 4112 
 
 Wasatch, 
 
 430 
 
 1 
 
 431 
 
 Washington, 
 
 710 
 
 184 
 
 894 
 
 Weber, 
 
 1946 
 
 8 
 
 1954 
 
 Total, 27814 
 
 498 
 
 28312 
 
36 
 
 Territory of Utah. 
 
 Count}^ of Salt Lake, ) 
 
 We the undei-signed hereby certify that the foregoing is a correct 
 abstract of returns of election held in the several counties of Utah Terri- 
 tory on May 22, 1882, for the ratification or rejection of the Constitution of 
 the State of Utah. 
 
 Witness our hands this fifth day of June, A. D. 1882. 
 
 Joseph F. Smith, 
 President of Constitutioyial Convention. 
 
 Arthur Stayner, 
 Secretary of Constitvtional Convention. 
 E. Smith, 
 Probate Judge of Salt Lake County. 
 Report accepted. 
 Mr. D. H. Wells presented the following: 
 
 I move that, as the Constitution has been adopted by so large anafiirm- 
 ative vote, that a committee of seven be appointed by the Chair to nom- 
 inate delegates to take the Memorial and Constitution to Congress and 
 apply for admission of the State of Utah into the Union- 
 Carried. 
 
 The President appointed the following nominating committee: Messrs. 
 Daniel H. Wells, A. 0. Smoot, L. John Nuttall, Geo. W. Thatcher, F. A. 
 Hammond, Edwin G. WooUey, Mrs. Emmeline B. Wells. 
 
 The Committee on Memorial reported their labors and accompanying 
 Memorial. 
 
 Eeport accepted and the Memorial laid over until to-morrow. 
 
 The President reported that three engrossed copies of the Constitution 
 were prepared ready for the signatures of the delegates. 
 
 After the signing by the delegates present, the Convention adjourned 
 until Wednesday at 10 o'clock a. m. 
 
 Benediction by Mr. A. 0. Smoot. 
 
 I 
 
37 
 
 ELEVENTH DAY. 
 
 Wednesday, June 7. 
 10 A. M. 
 
 President in the chair. 
 
 Roll called — quorum present. 
 
 Prayer by Mr. Boyle. 
 
 Communications were received from Messrs. Clufi' and Atkin, of Sum- 
 mit and Tooele Counties, stating that they were unavoidably detained from 
 attendance, and, on motion of Mr. Caine they were excused. 
 
 . The Memorial reported by the Committee yesterday was taken up, 
 amended and adopted. 
 
 The President reported that two thousand copies of the Constitution 
 pamphlet had been printed and distributed, and that the remaining three 
 thousand copies oi-dered would be made more complete by the addition of 
 the Legislative Resolution calling the Convention, the Memorial and the 
 proceedings of the present session of the Convention, before distribution. 
 
 Report approved. 
 
 The Committee on Nominations submitted the following report: 
 
 Mr. President and Members of the Convention: 
 
 Your Committee on Nominations beg leave to recommend that seven 
 delegates be chosen to present the Memorial and Constitution to Congress, 
 and respectfully place the following names in nominatien for said delegates: 
 
 Wm. H. Hooper, Salt Lake County. 
 
 John T. Caine, '' 
 
 James Sharp, *' 
 
 W. W. Riter, .* • 
 
 F. S. Richards, Weber County. 
 
 D. H. Peery, 
 
 W. D. Johnson, Jr., Kane County. 
 
 Respectfully, 
 
 D. H. Wells, 
 Chairman of Committee, 
 Salt Lake City, June 7th, 1882. 
 
 Report ac(!epted, and the gentlemen nominated by the Committee 
 were appointed by the unanimous vote of the Convention. 
 
 Mr. Penrose moved that the delegates be instructed to proceed to 
 Washington in time to present the Memorial and Constitution to Congress 
 at its present session, and take such measures as in their judgment are best 
 calculated to effect the object in view. Carried. 
 
38 
 
 Mr. Boyer moved that when the Convention adjourn, it be to meet 
 on Monday, October 9, at 2 o'clock p. m., at this place, unless sooner* 
 called by the President. Carried. 
 
 The Journal was read and approved. 
 
 On motion of Mr. Caine, at 12:45 p. m., the Convention adjourned. 
 
 Benediction by Mr. D. H. Wells. 
 
MEMORIAL. 
 
 To the Honorable the Senate and House of Bepresentatives of the 
 United States, in Congress- assembled: 
 
 Gentlemen — The citizens of the United States in the 
 Territory of Utah, through their delegates in Convention, 
 respectfully present this Memorial, asking for their ad- 
 mission into the Federal Union as a free and sovereign State, 
 on the same^ footing as the other States, under the name 
 of the State of Utah; and herewith submit the Constitution 
 which they have adopted. 
 
 When the people who opened this vast region to civiliza- 
 tion, and rendered possible its settlement by the advanced 
 races,'first planted their feet upon the virgin soil of these 
 valleys, it was part of the domain of the Republic of Mexico; 
 five hundred of their stalwart men were in the field aiding 
 in the war with that Power, and they occupied this part of 
 the country as loyal citizens of^the United States, and, unfurl- 
 ing its flag to the mountain breeze, proceeded to organize 
 a provisional government, preparatory to becoming a part of the 
 Federal Union. When, by the treaty of Guadalupe Hidalgo, 
 this portion of Mexico was ceded to the United States, they 
 sought at once, by proper means, to secure the rights and 
 privileges of statehood. California, the settlement of which 
 by citizens of the United States was largely due to the people 
 of this Territory, made application at the same time as they^ 
 for admission into the Union, and was successful. To Utah 
 was granted a territorial form of government. For thirty- 
 two years, the citizens of this Territory haye been kept out of 
 
40 
 
 the Union, and under the disadvantages of a system, which , 
 in many respects, is foreign to the principles of democratic 
 republicanism. They now, for the fourth tirae, approach 
 your Honorable Body, with their respectful petition for that 
 republican form of government which Congress is required 
 by the Constitution^ to guarantee to every State in the Union. 
 
 And they submit that Utah has outgrown the conditions, 
 if they ever existed, which justified the establishment of that 
 imperfect political system which has been so long continued. 
 Her population numbers at least 150,000 souls. Her agricul- 
 tural, stockraising, manufacturing, mineral and other resour- 
 ces and industries, are of such magnitude that she is abun- 
 dantly able to bear the burdens and meet the expenses 
 involved in independent statehood. Her cities, towns and 
 villages exhibit all the marks of thrift, prosperity and order 
 that indicate capacities for self-government. Unaided by 
 any extraneous assistance, schools for the education of her 
 children flourish in every settlement within her borders- 
 The local laws protect life and property with more than com- 
 mon safety, and extend all possible liberty to persons of every 
 party, creed and race, without distinction. Kailroads and 
 telegraph lines connect her people with each other and with 
 all parts of this great nation, and they are familiar with the 
 common interests and public questions which blend the vari- 
 ous States in political unity. There is nothing to prevent 
 Utah from taking an active part in the Federal compact but 
 those barriers of prejudice which have been built up chiefly 
 through misrepresentation aided by unfamiliarity with the 
 facts. 
 
 We further submit that the exercise of absolute and un- 
 limited power over the great body of citizens inhabiting this 
 Territory, which is claimed by Congress as a right, is anti- 
 republican in theory, and most oppressive in practice. ^Ve 
 have no voice in the election of the national legislators who, 
 without understanding our condition, occasionally make laws 
 to govern us, or of those authorities who appoint ofiicials to 
 conduct our affairs. The Governor, placed over us Avithout 
 our consent, has the power to render void all the acts of the 
 Legislature elected by the people, by simply withholding his 
 
41 
 
 signature thereto. This absolute veto power is added to the 
 supreme authority of Congress to abolish or make null all or 
 any of our local laws. The essential principles of American 
 republicanism, as enumerated in the Declaration of Indepen- 
 dence, are thus grossly violated, and the people of Utah are 
 kept in a condition of vassalage alike unworthy of a free 
 government, irksome to those who are compelled to endure it, 
 and subversive of the inalienable rights of man. 
 
 We direct the attention of your honorable body to the 
 pledged word of the nation, in the treaty before mentioned, 
 agreeing that the people residing in this region at the time of 
 its ratification, should be ''incorporated into the Union of the 
 United States, and be admitted at the proper time to the en- 
 joj^ment of all the rights of citizens of the United States ac- 
 cording to the principles of the Constitution, and meanwhile 
 should be protected in the free enjoyment of their liberty and 
 property, and secured in the free exercise of their religion 
 without restriction." Abstaining from any inquiry as to 
 whether these guaranties have been fulfilled by the govern- 
 ment in the case of Utah, we ask whether the proper time has 
 not now arrived when her people should be admitted to the 
 full- rights and privileges of citizens of the United States, the 
 same conditions being required as of other communities seek- 
 ,ing the status of independent statehood? 
 
 We present with confidence the Constitution framed by 
 this Convention, and ratified by the people of this Territory 
 at the polls, the election being held May 2 2d, 1882, when 
 27,814 ballots were cast in its favor, and but 498 against it. 
 We think it will be conceded that it provides for the State of 
 Utah a republican form of government; and we urge 
 that this being guaranteed beyond dispute, the Con. 
 stitutional requirement is complied with, and nothing 
 stands lawfully in the way forbidding Congress to authorize 
 the admission of Utah into the Union. 
 
 In conclusion, we respectfully suggest that by granting 
 what we believe to be our rights under the Constitution and 
 the treaty made with Mexico, benefits will accrue not only to 
 the new State but to the nation at large, in the settlement of 
 questions that have frequently produced great and unprofit- 
 
42 
 
 ble agitation; in the addition of one more vigorous and 
 promising commonwealth to the Federal Union; and in the 
 security which will be the consequence to every interest in 
 this important section of the country which is calculated to 
 add to the wealth, power and perpetuity of the glorious 
 Republic in which we desire to become incorporated. 
 
 And as in duty bound your memorialists will ever pray. 
 
 Adopted in Convention at Salt Lake City, Utah Territory, 
 on the seventh day of June, A.D. 1882, bj^ unanimous vote, 
 and ordered to be signed by the President and Secretary. 
 
 Joseph F. Smith, 
 
 Fresideni. 
 
 SIGNED 
 
 Arthur Stayner, 
 
 Secretary. 
 
I