Sec. 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.

Sec. 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.

Sec. 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 favour of its adoption, the same shall take effect from and after said election.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 8. The manner of voting shall be by ballot.

Sec. 9. The general assembly shall meet at Great Salt Lake city, which place shall be the seat of government until otherwise provided by law.

Sec. 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.

ARTICLE VI.-OF MILITIA.

Sec. 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.

Sec. 2. All commissioned officers of the militia (staff officers excepted) shall be elected by the persons liable to perform military duty in their re spective divisions; and all commissioned officers shall be commissioned by the governor.

ARTICLE VII. AMENDMENTS OF THE CONSTITUTION.

Sec. 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 favour of said revisions, alterations or amendments, the same shall thereafter become parts and parcels of this constitution; otherwise, this constitution shall remain unaltered.

ARTICLE VIII.-DECLARATION OF RIGHTS.

Sec. 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.

Sec. 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.

Sec. 3. All men 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 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.

Sec. 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.

Sec. 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.

Sec. 6. The people shall be secure in their persons, houses, papers and possessions, from unreasonable searches and seizures.

Sec. 7. The right of trial by jury shall remain inviolate; and all criminals shall be heard by self, or counsel, at their own election.

Sec. 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.

Sec. 9. The writ of habeas corpus shall not be suspended, unless in case of rebellion, or invasion, or the public safety shall require it.

Sec. 10. Treason against this state shall consist only in levying war against it, or adhering to its enemies, or giving them aid and comfort.

Sec. 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.

Sec. 12. The laws shall not be suspended, but by the legislative or executive authority.

Sec. 13. The right of petition, by the people, shall be preserved inviolate. Sec. 14. The right of citizens to keep and bear arms for common defence, shall not be questioned.

Sec. 15. Private property shall not be taken for public use, without just compensation.

Sec. 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.

Sec. 17. The enumeration of certain rights, shall not be construed to impair, nor deny others, retained by the people.

GREAT SALT LAKE CITY GREAT BASIN,
North America, March 8, 1849.

MEMORIAL.

To the Honourable Senate and House of Representatives, in Congress assembled: Your memorialists, members of the general assembly of the state of Deseret, would respectfully lay before your honourable body the wishes and interests of our constituents, together with the reasons and design of our early organization as a civil government, to which the consideration of your honourable body is most earnestly solicited.

Whereas, The history of all ages proves that civil governments, combining in their administration the protection of person, property, character, and religion-encouraging the science of agriculture, manufactures, and literature, are productive of the highest, happiest, and purest state of society; and,

Whereas, All political power is inherent in the people, and governments, to be permanent and satisfactory, should emanate from the same; and,

Whereas, The inhabitants of all newly settled countries and territories, who have become acquainted with their climate, cultivated their soil, tested their mineral productions, and investigated their commercial advantages, are the best judges of the kinds of government and laws necessary for their growth and prosperity; and,

Whereas, Congress have failed to provide, by law, a form of civil government for this or any other portion of territory ceded to the United States by the republic of Mexico, in the late treaty of peace; and

Whereas, Since the expiration of the Mexican civil authority, however weak and imbecile, anarchy to an alarming extent has prevailed-the revolver and bowie knife have been the highest law of the land-the strong have prevailed against the weak-while person, property, character and religion, have been unaided, and virtue unprotected; and,

Whereas, From the discovery of the valuable gold mines west of the Sierra Nevada mountains, many thousands of able bodied men are emigrating to that section, armed with all the implements and munitions of war; and,

Whereas, Strong fears have been, and still are entertained, from the failure of Congress to provide legal civil authorities, that political aspirants may subject the government of the United States to the sacrifice of much blood and treasure in extending jurisdiction over that valuable country; and,

Whereas, The inhabitants of the state of Deseret, in view of their own se curity, and for the preservation of the constitutional right of the United States to hold jurisdiction there, have organized a provisional state government, under which the civil policy of the nation is duly maintained; and,

Whereas, There are so many natural barriers to prevent communication with any other state or territory belonging to the United States, during a great portion of the year, such as snow-capped mountains, sandy deserts, sedge plains, salæratus lakes and swamps, over which it is very difficult to effect a passage; and,

Whereas, It is important in meting out the boundaries of the states and territories, so to establish them that the heads of departments may be able to communicate with all branches of their government with the least possible delay; and,

Whereas, There are comparatively no navigable rivers, lakes, or other natural channels of commerce; and whereas, no valuable mines of gold, silver,

iron, copper, or lead, have as yet been discovered within the boundaries of this state, commerce must necessarily be limited to few branches of trade and manufactures; and whereas, the laws of all states and territories should be adapted to their geographical location, protecting and regulating those branches of trade only which the country is capable of sustaining; thereby relieving the government from the expense of those complicated and voluminous statutes which a more commercial state requires; and whereas, there is now a sufficient number of individuals residing within the state of Deseret to support a state government, thereby relieving the general government from the expense of a territorial government, in that section; and in evidence of which, the inhabitants have already erected a legislative hall, equal to most, and surpassed by few in the older states

Your memorialists, therefore, ask your honourable body to favourably consider their interests; and, if consistent with the constitution and usages of the federal government, that the constitution accompanying this memorial be ratified, and that the state of Deseret be admitted into the Union on an equal footing with other states, or such other form of civil government as your wisdom and magnanimity may award to the people of Deseret. And, upon the adoption of any form of government here, that their delegate be received, and their interests properly and faithfully represented in the Congress of the United States. And your memorialists, as in duty bound, will ever pray.

On motion, it was voted that the report be accepted, and the committee discharged from further duties.

Parley P. Pratt offered the following resolutions:

Resolved, 1st. The senate concurring therein, that two thousand copies of this memorial, together with the constitution, and an abstract of all records, journals, and other documents pertaining to the organization of this state, be printed.

Resolved, 2d. That the President of the United States, the senate, and the house of representatives, each be furnished with a copy thereof. The resolutions were seconded and passed..

House adjourned until Monday, at 10 A. M.

PROVISIONAL STATE OF DESERET; ss.

I hereby certify that the foregoing constitution, memorial, synopsis of journal, &c., are a true copy of public documents on file in my office. Given under my hand, at my office, in the Great Salt Lake City, this 18th day of July, A. D. 1849.

WILLARD RICHARDS.
Secretary of State.

THE WRONGS OF HUNGARY STATED BY THE LONDON

HUNGARIAN COMMITTEE.

The following document has been issued by the London Hungarian Committee:

I. Hungary is an ancient constitutional monarchy, which used to elect its kings. Every new king was solemnly crowned with the crown of St. Stephen, after taking the coronation cath on Hungarian soil, in which he swore to uphold the constitution. In the year 1687, the royalty was made hereditary in the family of Hapsburg; but, so far was Hungary from becoming a province of Austria, to this year not a single Austrian has been allowed to hold office in the Hungarian kingdom. An Austrian is a foreigner in Hungarian law and practice.

II. The kings of the house of Hapsburg have, notwithstanding, made various

attempts to overthrow the liberties of Hungary. After repeated attempts to fuse Hungary into Austria, and repeated insurrections, a long struggle, begun by Leopold I., was ended in 1711 by Joseph I., who was constrained to confirm the old constitution. Again, by the efforts of Joseph II. to enforce the German language, and suppress the municipalities, a revolt was kindled, which his successor, Leopold, II. finally pacified (in 1790) only by withdrawing all his brother's innovations, and making a peculiarly distinct avowal, that (Art. 10) "Hungary, with her appanages, is a free kingdom, and in regard to her whole legal form of Government (including all the tribunals) indepen dent; that is, entangled with no other kingdom or people; but having her own peculiar consistence and constitution, accordingly to be governed by her legitimately crowned King after her peculiar laws and customs." Nevertheless, Francis I. dared to violate his coronation oath by not assembling the Diet from 1811 to 1825. At last he was compelled to give way by the passive resistance to all government. From that year onward, the Hungarians have struggled successfully for internal reforms by constitutional methods, though perpetually thwarted by the bigotry, ignorance, and perverse ambition of the Austrian cabinet or crown.

III. The internal reforms which they desire were chiefly the following: To remove or lessen the distinctions between the privileged and unprivileged classes; and improve the principles of taxation and of the tenure of land. Next, to extend perfect toleration of religious creed to all. The high Magyar nobility are generally Roman Catholics; yet they have been as willing to con cede toleration as the lower nobility and middle classes, who are generally Protestants. Thirdly, to establish free trade with all nations. For the Austrian cabinet choose to confine this great country to Austria for its market, while treating Hungarian produce as foreign. Fourthly, to maintain a free press, and the right especially of publishing the debates and proceedings of the Diet. Fifthly, in general to develop the great resources of Hungary by all sorts of material improvement in agriculture, in roads, in bridges. To this, of late, has been added a struggle for general education.

IV. One mode of resistance applied by Austria, was to extinguish Parliamentary bills by the veto of the crown; the fear of which paralyzed the upper house-a body always naturally disposed to lean to Austria. Against this the Hungarians had no adequate constitutional weapon to use, since the Austrian cabinet was not responsible to the Hungarian Diet. The often repeated legal declaration of their independence, and in particular the distinct compact of Leopold II. in 1790-91, justified them in desiring by peaceful and constitutional means to attain an independent ministry directly responsible to their own parliament.

V. Such a Ministry had been long talked of and claimed in the Diet. In fact the Conservative party and the opposition had differed little as to the objects at which they aimed, but chiefly as to the vehemence with which they should press them; the Conservatives pleading to "give time" to the Austrian cabinet. But in March, 1848, the Conservatives, as a separate party, vanished, by the great mass of them acceding to the opposition. Kossuth carried a unanimous vote, that the Constitution of Hungary could never be free from the eternal machinations of the Austrian cabinet, until Constitutional Government was established in the foreign possessions of the crown, so as to restore the legal status of the period at which the Diet freely conferred the royalty on the house of Hapsburg. This vote paralyzed the Austrian authorities. Vienna arose against Metternich, and a revolution took place there. A Constitution and a National Guard were enacted. The Hungarian Diet immediately claimed for itself also a responsible Ministry. This was granted without delay, and Count Louis Batthyany was made Premier. But on the same day, March 15, Jellachich was appointed Ban of Croatia. In a letter to Vienna, dated