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sons accused of

Sec. 12. In criminal prosecutions the accused Rights of pershall have the right to appear and defend in person crime. and by counsel, to demand the nature and cause of the accusation against him, to have a copy thereof, to testify in his own behalf, to be confronted by the witnesses against him, to have compulsory process to compel the attendance of witnesses in his own behalf, to have a speedy public trial by an impartial jury of the county or district in which the offense is alleged to have been committed, and the right to appeal in all cases. In no instance shall any accused person, before final judgment, be compelled to advance money or fees to secure the rights herein guaranteed. The accused shall not be compelled to give evidence against himself; a wife shall not be compelled to testify against her husband, nor a husband against his wife, nor shall any person be twice put in jeopardy for the same offense.

Prosecution by

Sec. 13. Offenses heretofore required to be prose-Information. cuted by indictment shall be prosecuted by information after examination and commitment by a magistrate, unless the examination be waived by the accused with the consent of the State, or by indictment, with or without such examination and commitment. The grand jury shall consist of seven persons, five of whom must concur to find an indictment; but no grand jury shall be drawn or summoned unless in the opinion of the judge of the district, public interest demands it.

searches and

Sec. 14. The right of the people to be secure in Security against their persons, houses, papers and effects against un-seizures. reasonable searches and seizures shall not be violated; and no warrant shall issue but upon probable cause supported by oath or affirmation, particularly describing the place to be searched, and the person or thing to be seized.

speech or of

Sec. 15. No law shall be passed to abridge or re- Freedom of strain the freedom of speech or of the press. In all press. criminal prosecutions for libel the truth may be given in evidence to the jury; and if it shall appear to the jury that the matter charged as libelous is true, and was published with good motives, and for justifiable Libel. ends, the party shall be acquitted; and the jury shall have the right to determine the law and the fact.

No imprison

Sec. 16. There shall be no imprisonment for debt ment for debt except in cases of absconding debtors.

except.

Elections to be

Sec. 17. All elections shall be free, and no power, free.

Ex post facto

law.

Treason defined.

dinate to civil power.

civil or military, shall at any time interfere to prevent the free exercise of the right of suffrage. Soldiers, in time of war, may vote at their post of duty, in or out of the State, under regulations to be prescribed by law.

Sec. 18. No bill of attainder, ex post facto law. or law impairing the obligation of contracts shall be passed.

Sec. 19. Treason against the State shall consist only in levying war against it, or in adhering to its enemies or in giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act.

Sec. 20. The military shall be in strict subordinaMilitary subor- tion to the civil power, and no soldier in time of peace, shall be quartered in any house without the consent of the owner; nor in time of war except in a manner to be prescribed by law.

Slavery prohibited.

Sec. 21. Neither slavery nor involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted, shall exist within this State.

Sec. 22. Private property shall not be taken or Private prop damaged for public use without just compensation.

erty must not be taken.

No irrevocable

franchise.

General laws must operate uniformly.

Sec. 23. No law shall be passed granting irrevocably any franchise, privilege or immunity.

Sec. 24. All laws of a general nature shall have uniform operation.

Sec. 25. This eaumeration of rights shall not be Enumeration of construed to impair or deny others retained by the impair others. people.

rights does not

Provisions mandatory.

Recurrence to fundamental principles.

State boundaries.

Sec. 26. The provisions of this Constitution are mandatory and prohibitory, unless by express words they are declared to be otherwise.

Sec. 27. Frequent recurrence to fundamental principles is essential to the security of individual rights and the perpetuity of free government.

ARTICLE II.

STATE BOUNDARIES.

SECTION 1. The boundaries of the State of Utah shall be as follows:

Beginning 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 of 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 same with the thirtyfourth degree of longitude west from Washington; thence due south along said thirty-fourth degree of west longitude to the intersection of the same with the forty-first degree of north latitude; thence due east along said forty-first degree of north latitude to the intersection of the same with the thirty-second degree of longitude west from Washington; thence due south along said thirty-second degree of west longitude to the place of beginning.

ARTICLE III.

ORDINANCE.

irrevocable..

The following ordinance shall be irrevocable with- Ordinance out the consent of the United States, and the people of this State:

toleration.

First. Perfect toleration of religious sentiment is Religious guaranteed. No inhabitant of this State shall ever be molested in person or property on account of his or her mode of religious worship; but polygamous or plural marriages are forever prohibited.

disclaimed.

Second. The people inhabiting this State do affirm All right to and declare that they forever disclaim all right and public land title to the unappropriated public lands lying within the boundaries hereof, and to all lands lying within said limits owned or held by any Indian or Indian tribes, and that until the title thereto shall have been extinguished by the United States, the same shall be and remain subject to the disposition of the United States, and said Indian lands shall remain under the absolute jurisdiction and control of the Congress of the United States. The lands belonging to citizens of the United Non-residents States, residing without this State shall never be must not be taxed at a higher rate than the lands belonging to resi- than residents. dents of this State; nor shall taxes be imposed by this State on lands or property herein, belonging to or

taxed higher

Territorial

debts assumed.

which may hereafter be purchased by the United States or reserved for its use; but nothing in this ordinance shall preclude this State from taxing, as other lands are taxed, any lands owned or held by any Indian who has severed his tribal relations, and has obtained from the United States or from any person, by patent or other grant, a title thereto, save and except such lands as have been or may be granted to any Indian or Indians under any act of Congress, containing a provision exempting the lands thus granted from taxation, which last-mentioned lands shall be exempt from taxation so long, and to such extent, as is or may be provided in the act of Congress granting the same.

Third. All debts and liabilities of the Territory of Utah incurred by authority of the Legislative Assembly thereof, are hereby assumed and shall be paid by this State.

Fourth. The Legislature shall make laws for the Public schools. establishment and maintenance of a system of public schools, which shall be open to all the children of the State and be free from sectarian control.

Males and fe

males shall en

ARTICLE IV.

ELECTIONS AND RIGHT OF SUFFRAGE.

SECTION 1. The rights of citizens of the State of Utah to vote and hold office shall not be denied or joy equally civil abridged on account of sex. Both male and female citizens of this State shall enjoy equally all civil, political and religious rights and privileges.

and political

rights.

Qualifications to vote.

leges on elec

Sec. 2. Every citizen of the United States, of the age of twenty-one years and upwards, who shall have been a citizen for ninety days, and shall have resided in the State or Territory one year, in the county four months, and in the precinct sixty days next preceding any election, shall be entitled to vote at such election except as herein otherwise provided.

Sec. 3. In all cases except those of treason, felElectors' privi- ony or breach of the peace, electors shall be privileged from arrest on the days of election, during their attendance at elections, and going to and returning therefrom.

tion day.

Same.

Sec. 4. No elector shall be obliged to perform militia duty on the day of election except in time of war or public danger.

be citizens of

Sec. 5. No person shall be deemed a qualified Electors must elector of this State unless such person be a citizen of u. s. the United States.

Sec. 6. No idiot, insane person or person con- Disqualificavicted of treason, or crime against the elective fran- tions of electors chise, unless restored to civil rights, shall be permitted to vote at any election, or be eligible to hold office in

this State.

Sec. 7. Except in elections levying a special tax No property or creating indebtedness, no property qualification qualification shall be required for any person to vote or hold office.

except.

Sec. 8. All elections shall be by secret ballot. Elections by Nothing in this section shall be construed to prevent secret ballot. the use of any machine or mechanical contrivance for the purpose of receiving and registering the votes cast at any election; Provided. That secrecy in voting be preserved.

tions.

Sec. 9. All general elections, except for munici- General elecpal and school officers, shall be held on the Tuesday tions, when held next following the first Monday in November of the year in which the election is held. Special elections Special elecmay be held as provided by law. The terms of all officers elected at any general election, shall commence cers. on the first Monday in January next following the date of their election. Municipal and school officers shall Municipal and be elected at such time as may be provided by law.

Terms of offi

School election.

Sec. 10. All officers made elective or appointive by this Constitution or by the laws made in pursuance thereof, before entering upon the duties of their respective offices, shall take and subscribe the following oath or affirmation: "I do solemnly swear (or affirm) Oath of office. that I will support, obey and defend the Constitution of the United States and the Constitution of this State, and that I will discharge the duties of my office with fidelity."

ARTICLE V.

DISTRIBUTION OF POWERS.

three depart

ments.

SECTION 1. The powers of the government of the Government State of Utah shall be divided into three distinct de- divided into partments, the legislative, the executive, and the judicial; and no person charged with the exercise of powers properly belonging to one of these departments, shall exercise any functions appertaining to either of

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