IN CONVENTION

Introduced by: Dennis Clay Eichnor

A Proposition to Provide for a Declaration of Rights

Delegates of the Constitutional Convention of the Territory of Utah, in Convention assembled, I do propose as follows:

Section 1. All men are by nature free and equal and have certain unalienable rights, among which are those of enjoying and protecting life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety and happiness.

Section 2. All political power is inherent in the people and all free governments are founded on their authority and instituted for their benefit, and they have the indefeasible right to alter or amend the same whenever the public welfare may require it.

Section 3. The State of Utah is an inseparable part of the Federal Union, and the Constitution of the United States is the supreme law of the land.

Section 4. The free exercise and enjoyment or religious profession and worship, without discrimination or preference, shall forever be guaranteed in this State. No religious qualification shall be required for any public office, employment, or to exercise the right of suffrage, nor shall any person be incompetent as a witness or juror, on account of his opinions on matters of religious belief.

Section 5. The right of petition and of the people peaceably to assemble to consult for the common good, and to make known their opinions, shall never be abridged.

Section 6. The privilege of the writ of habeas corpus shall not be suspended, unless, when in case of rebellion or invasion, the public safety may require it.

Section 7. No person shall be deprived of life, liberty, or property without due process of law.

Section 8. All persons charged with crime shall be bailable by sufficient sureties, except for capital offenses, when the proof is evident or the presumption is great. No witness in a criminal prosecution shall be detained longer than may be necessary to take his testimony or deposition.

Section 9. Offenses heretofore required to be prosecuted by indictment, shall be prosecuted by information, after examination and commitment, by a magistrate, or by indictment with or without such examination and commitment.

The Grand Jury may consist of any number of members, but not less than five nor more than fifteen, as the judge of the court may order. A grand jury may be drawn and summoned whenever in the opinion of the judges of the district, public members dictate one.

Section 10. Courts of justice shall be open to every person, and a speedy remedy afforded for every injury of person, property, or character, and justice shall be administered without denial, delay, or prejudice.

Section 11. In all criminal prosecutions, the accused shall have the right to a speedy and public trial of an impartial jury of the county or district wherein the crime was alleged to have been committed; and to be informed of the nature and cause of accusation; to be confronted with the witness against him; to have compulsory process for obtaining witnesses in his behalf and to appear and defend in person and with counsel.

Section 12. 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 upon probable cause supported by oath or affirmation, particularly describing the place to be searched and the person or things to be seized.

Section 13. Excessive bail shall not be required, excesses fines imposed, nor cruel or unusual punishments inflicted.

Section 14. The right of trial by jury shall remain inviolate, but in civil actions three fourths of a jury may render a verdict. A trial by jury may be waived in all cases of misdemeanors, by consent of both parties, expressed in open court, and in civil actions, upon default of appearance or by consent of both parties expressed in the same manner. In civil actions and cases of misdemeanors the jury may consist of twelve, or any number less than twelve upon which the parties may agree in open court.

Section 15. No person shall be twice put in jeopardy for the same offense; nor shall be compelled, in any criminal case, to be a witness against himself.

Section 16. Every person may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that right; and no law shall be passed to restrain or abridge the liberty of speech or of the press.

In all criminal prosecutions for libels, 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 justifiable ends, the party shall be acquitted; and the jury shall have the right to determine the law and the fact.

Section 17. No person shall be imprisoned for debt in any civil action, on mesne or final process, unless in cases of fraud, nor in civil actions for torts, except in cases of willful injury to person or property.

Section 18. Treason against the State shall consist only in levying war against it, or in adhering to its enemies, giving them aid and comfort. 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.

Section 19. The people have the right to bear arms for their security and defense; but the legislatures may regulate the exercise of this, right by law.

Section 20. Elections shall be free and equal and no power, civil or military, shall at any time interfere to prevent the free exercise of the right of suffrage.

Section 21. The military shall be (...) subordinate to the civil power; and no soldier shall in the time of peace be quartered in any house, without the consent of the owner; nor in the time of war, except in a manner prescribed by law.

Section 22. No conviction shall work corruption of blood nor forfeiture of estate.

Section 23. Neither slavery nor involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted, shall exist within this state.

Section 24. No law granting irrevocably any privilege, franchise, or immunity, shall be passed by the legislature.

Section 25. No bill of attainder, ex post facto law, or law impairing the obligations of contracts shall ever be passed.

Section 26. Private property shall not be taken for private use, unless by consent of the owner, except for private ways of necessity, and for reservoirs, drains, flums, or ditches, on or around the lands of others for agricultural, mining, milling, domestic, or sanitary purposes, without due compensation.

Section 27. Private property shall not be taken or damaged for public use without just compensation.

Section 28. No distinction shall ever be made by law between resident aliens and citizens in reference to the possession, enjoyment, or descent of property.

Section 29. No property qualification shall ever be required of any person to vote or hold office, except as provided in this constitution.

Section 30. All laws of a general nature shall have a uniform operation.

Section 31. The provisions of this constitution are mandatory and prohibitory, unless by express words they are declared to be otherwise.

Section 32. This enumeration of rights shall not be constructed to impair or deny others retained by the people.

Section 33. A frequent recurrence to fundamental principles is essential to the security of individual right and the perpetuity of free government.

• Proposition relating to the Declaration of Rights [File No. 4] (introduced on 1895-03-11 14:00:00 - CREATE - e691481) [This document] [view current proposal at this moment]
  • None (introduced on 1895-03-11 14:00:00 - DEBATE_PROPOSAL - e691482) [view current proposal at this moment]
  • Motion to Suspend the Rules (introduced on 1895-03-11 14:00:00 - PROCEDURE - e691483) [view current proposal at this moment]
    • None (introduced on 1895-03-11 14:00:00 - ADOPT_PROPOSAL - e691485) [view current proposal at this moment]
  • None (introduced on 1895-03-11 14:00:00 - DEBATE_PROPOSAL - e691484) [view current proposal at this moment]
  • None (introduced on 1895-03-11 14:00:00 - REPORT_PROPOSAL - e691486) [view current proposal at this moment]