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This is a work in progress, so take it with a grain of salt. You might also be interested in my Guide to the Utah Legislature.
An early proposal that was not adopted. Return to main Utah Constitution page.
We, the people, grateful to the Supreme Being for the blessings hitherto enjoyed, and feeling our dependence on Him for a continuation of those blessings, do ordain and establish a free and independent government, by the name of the State of Deseret, including all the territory of the United States within the following 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 the main channel of the Gila river, on the northern line of Mexico, and on the northern boundary of Lower California, to the Pacific ocean; thence along the coast northwesterly to 118 degrees 30 minutes of west longitude; thence north to where said line intersects the dividing ridge of the Sierra Nevada mountains; thence north, along the summit of the Sierra Nevada mountains, to the dividing range of mountains that separates the waters flowing into the Columbia river from the waters running into the Great basin; thence easterly, along the dividing range of mountains that separates said waters flowing into the Columbia river on the north from the waters flowing into the Great basin on the south, to the summit of the Wind River chain of mountains; thence southeast and south, by the dividing range of mountains that separates the waters flowing into the Gulf of Mexico, from the waters flowing into the Gulf of California, to the place of beginning; as set forth in a map drawn by Charles Preuss, and published by order of the Senate of the United States, in 1848.
The powers of government of the State of Deseret shall be divided into three distinct departments, viz: legislative, executive, and Judiciary.
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.
Section 2. The session of the General Assembly shall be annual, and the first session 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.
Section 3. The members of the House of Representatives shall be chosen biennially, by the qualified electors of their respective districts, on the first Monday in August, whose term of office shall continue two years from the day of the general election.
Section 4. No person shall be a member of the House of Representatives who has not attained the age of twenty-five 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.
Section 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.
Section 6. The number of senators shall not be less than one-third nor more than one-half of the representatives; and at the first session of the General Assembly after this constitution takes effect the Senate shall be divided by lot, as equal as may be, into two classes; the seats of the senators of the first class shall be vacated at the expiration of two years, so that one-half of the Senate shall be elected biennially.
Section 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 determined in such manner as shall hereafter be determined by law.
Section 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.
Section 9. Each house shall have all powers necessary for a branch of the General Assembly of a free and independent government.
Section 10. Each member of the Assembly shall be privileged from civil arrest during any session, and in going to and returning from the same.
Section 11. Neither house shall without the consent of the other adjourn for more than three days, nor to any other place than that in which they may be sitting.
Section 12. The Assembly shall at its first session provide for an enumeration of the white inhabitants, and an apportionment for the senators and representatives.
Section 13. Each member of the Assembly shall take an oath or affirmation to support the constitution of the United States and of this State; and members shall and are hereby empowered to administer said oath or affirmation to each other.
Section 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 majority of two-thirds of those present; and any bill vetoed by the governor shall be returned within ten days, (Sundays excepted) with his objections; otherwise it shall become a law, unless the Assembly, by adjournment, prevent its return.
Section 15. Every law passed by the Assembly shall take effect from and after due publication by authority.
Section 16. The voters of this State may elect at the first election not exceeding seventeen senators, and thirty-five representatives.
Section 1. The executive power shall be vested in a governor, who shall hold his office for four years. A lieutenant governor shall be elected at the same time, and for the same term, who shall be the president of the Senate.
Section 2. No person shall be eligible to the office of governor or lieutenant governor who has not been a citizen of the United States and a resident of this State two years next preceding his election, and attained the age of thirty-five years at the time of his election.
Section 3. The governor shall be commander-in-chief of the militia, navy, and all the armies of this State.
Section 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.
Section 5. He shall see that the laws are faithfully executed.
Section 6. When any office shall from any cause become vacant, and no mode is prescribed by the constitution and laws for filling such vacancy, the governor shall have power to fill such vacancy, by granting a commission, which shall expire when such vacancy shall be filled by due course of law.
Section 7. He shall also have power to convene the General Assembly by proclamation, when in his opinion the interests of the State require it.
Section 8. He shall communicate by message to the General Assembly at every session the condition of the State, and recommend such matters as he shall deem expedient.
Section 9. In case of disagreement in the General Assembly, with regard to the time of adjournment, the governor shall have power to dissolve the session by proclamation.
Section 10. No person shall, while holding any lucrative office under the United States, or this State, execute the office of governor, except as shall be prescribed by law.
Section 11. The governor shall have power to grant reprieves and pardons, and commute punishments after convictions, except in cases of impeachment.
Section 12. The governor shall receive for his services such compensation as shall hereafter be provided by law.
Section 13. There shall be a seal of this State, which shall be kept by the governor, and used by him officially; and shall be called the Great Seal of the State of Deseret.
Section 14. All grants and commissions shall be in the name and by the authority of the people of the State of Deseret; sealed with the great seal of this State, signed by the governor, and countersigned by the secretary of state.
Section 15. A secretary of state, auditor of public accounts, and treasurer shall be elected by the qualified 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.
Section 16. In case 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.
Section 1. The judicial power shall be vested in a supreme court and such inferior courts as the General Assembly shall, from time to time, establish.
Section 2. The supreme court shall consist of a chief justice and two associates, either two of whom shall be a quorum to hold courts.
Section 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.
Section 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.
Section 1. 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.
Section 2. The returns of every election for governor, lieutenant governor, auditor, treasurer, and secretary of state shall be sealed up and transmitted forthwith to the seat of government, directed to the speaker of the House of Representatives, who shall, during the first week of the session, open and publish them in the 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.
Section 3. The governor, lieutenant governor, auditor, treasurer, and secretary of state shall, before entering 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.
Section 4. The first election for members of the General Assembly, and other officers under this constitution, shall be held on the first Monday of May next at the usual places of holding public meetings in the different 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 votes shall be in favor of its adoption, the same shall take effect from and after said election.
Section 5. At the time and place of holding the elections, the qualified electors shall organize the polls by appointing two judges, who shall be authorized to qualify each other, and appoint two 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 convention.
Section 6. The returns of the first election herein provided for shall be made to the chairman of this convention, who, together with the two secretaries, shall proceed immediately to open said returns, and count the votes; upon ascertaining the persons receiving a majority of votes, they shall forthwith notify them of their election.
Section 7. The General Assembly shall, at its first session, provide by law a general system of election for officers under this constitution, and such other officers as may be hereafter created by law.
Section 8. The manner of voting shall be by ballot.
Section 9. The General Assembly shall meet at Great Salt Lake city; which place shall be the seat of government, until otherwise provided by law.
Section 10. All white male residents of this State over the age of twenty-one years shall have the privilege of voting at the first election, and at the adoption of this constitution; provided that no person in the military, naval, or marine service of the United States shall be considered a resident of this State by being stationed in any garrison, barrack, military or naval place or station within this State, unless otherwise provided for by law.
Section 1. The militia of this State shall be composed of all able-bodied white male citizens between the ages of eighteen and forty-five years, except such as are, or may hereafter be, exempt by the laws of the United States, or of this State, and shall be armed, equipped, and trained as the General Assembly may provide by law.
Section 2. All commissioned officers of the militia (staff officers excepted) shall be elected by the persons liable to perform military duty, in their respective divisions, and all commissioned officers shall be commissioned by the governor.
Section 1. If at any time the General Assembly shall deem it necessary, and for the best interest of the State, that this constitution should be revised, altered, or amended, the Assembly shall cause such revisions, alterations, or amendments to be published in the same manner as shall be provided for the publication of the statutes, and appoint a day, not less than thirty days thereafter, for the electors of the commonwealth to assemble in their several precincts and vote for or against said revisions, alterations, or amendments; and if a majority of said electors shall vote in favor of said revisions, alterations, or amendments, the same shall thereafter become parts and parcels of this constitution; otherwise, this constitution shall remain unaltered.
Section 1. In republican governments, all men should be born equally free and independent, and possess certain natural, essential, and inalienable rights, among which are those of enjoying and defending their life and liberty; acquiring, possessing, and protecting property, and of seeking and obtaining their safety and happiness.
Section 2. All political power is inherent in the people, and all free governments are founded in their authority, 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, and the public good shall require it.
Section 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 obstruct others in their religious worship; and all persons demeaning themselves peaceably, as good members of the State, shall be equally under the protection of the laws; and no subordination or 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.
Section 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 from holding any office under the constitution and laws of this State.
Section 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.
Section 6. The people shall be secure in their persons, houses, papers, and possessions from unreasonable searches and seizures.
Section 7. The right of trial by jury shall remain inviolate, and all criminals shall be heard by self or counsel, at their own election.
Section 8. All penalties and punishments shall be in proportion to the offence, and all offences before conviction shall be bailable, except capital offences, where the proof is evident or the presumption great.
Section 9. The writ of habeas corpus shall not be suspended, unless in case of rebellion or invasion, or the public safety shall require it.
Section 10. Treason against this State shall consist only in levying war against it, or adhering to its enemies, or giving them aid and comfort.
Section 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 justice.
Section 12. The laws shall not be suspended but by the legislative or executive authority.
Section 13. The right of petition by the people shall be preserved inviolate.
Section 14. The right of citizens to keep and bear arms for common defence shall not be questioned.
Section 15. Private property shall not be taken for public use without just compensation.
Section 16. No standing army shall be kept up in time of peace, and the military shall at all times, and in all places, be in strict subordination to the civil power.
Section 17. The enumeration of certain rights shall not be construed to impair nor deny others retained by the people.
