The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-04-01

Following is a practically complete
report of the strong speech in favor O.
equal suffrage delivered by Hon. F. S
Richards in the constitutional con
Vention on Thursday:
Mr.. Chairman-Being a firm believer
in that declaration Of our bill of equa
rights which says that frequent
recurrence TO fundamental principles
is essential to the security of individ-
ual rights and the perpetuity of free
government" desire to call the at
tention of the committee to some of
fhe fundamental principles which
should govern us in determining the
great question of suffrage for our new
state. Preliminary to the argument
that L shall offer. it is important to
fully apprehend the extent of our pow
ers III relation to the question. Hence
we VIII first consider:
Ihe powers of a constitutional con-
Vention in relation to the elective
franchise.
Powers of the Convention.
A constitutional convention. such as
We are now holding, has a sphere
owing constitution of the United
States. which we have already adopt
ed as a condition precedent to framing
d constitution for the prospective state
OF Utah. If We were sitting as rev.
olutlOnary convention, such as that
which framed the Declaration of In
4 dependence, we should cOnStrue our
:, pnwers as absolute and Independent
OF all other soVereignities; but as a
constitutional convention. our action
is conditioned by the organic law of
the federal union. We are also over
Swallowed by such general legislation
as has served to determine our terri
into existence as an inceptiYe common
wealth. All such permanent features
Of the organic act, and more partic-
ularly the enabling act, are inviolable
limitations of the powers of this con-
Vention in the framing of measures
for the guidance of the future state.
But with respect to the question of
suffra ge. who shall be the electors, the
voters, Of the forthcoming state, this
convention has plenary power. and
the Whole subject in its entirety comes
practically before US for determine
ton. Says Thomas NJ. Cooley in his
great work on constitutional imita-
tons page 1872: 'TThe whole subject of
the regulation of elections. including
the prescribing of qualifications for
suffrage. is left by the national con-
stitution to the several states. except
as it is provided by that instrument
that the electors for representative in
Cor gress shall have the qualifications
requisite for electors of the most
numerous branch of the state legisla-
ture, and as the fifteenth amendment
forbids denying to citizens the right
10 vote on account OF race, color or
previous condition OF SerVitude. Par
ticipation IN the elective franchise is
a privilege rather than a right, and it
is granted or denied on grounds Of
general policy, the prevailing view be-
ing that it should be as general as
possible consistent with the public I
safety.'' With this view writers on
constitutional law generally agree and
1t is confirmed by the trend of judicial
decision. That provision of the ma (
tional constitution which requires that /
1.-The United States shall guarantee to !
every state a republican form OF gov (
eminent would apply as a preventive I
of too great a limitation of Suffrage (
rather than its extension. Hence the {
powers of this constitution in relation I
10 the elective franchise are practical /
" unlimited. and there is no barrier (
to its enacting suffrage privileges /
which viii fully express the latter and |
pendence.
The Question Stated.
IT is nv purpose in the brief discus
sion that I shall present on the pres
eat occasion to deal with the suffrage
question in its broadest and most COM
form, and in order to do
Tnis l shall discharge from considera-
ton all minor and subordinate phases
of the subject. The first section of the
article reported by the committee on
elections and suffrage is elementary
and primary. It is as broad as human
nature and il responds to every posi-
lle demand of men and women in the
relations of human society.
"a reads as follows:
Section l. The rights o. citizels of
the state Of Utah to vote and hold Of
fee shall not be denied or abridged
on account Of sex. Both male and fe-
male citizens of this state shall equal
ly enjoy all civil, political and reIig-
ious rights and privileges
All the following sections of this ar
ticle are defnitive and qualitative.
They relate to residence, property and
qualifications, registration
and other minor matters governing
he exercise of the franchise.
They are the work of the lapidary,
who cuts and pohshes the precious
Stone in order that it may be adjusted
10 the social fabric as the foundation
stone on which the whole shall rest.
The substance of the first section is the
substance of the whole article; and
hat is that man, using the word in the
,road sense without reference 10 sex,
human beings as such, are, in virtue Of ,
heir humanity factors and units Of
society as a whole, whether civil, po-
itical or religious. 1t means that the !.
r11e and essential condition to the ex- ;
.rcise of civil and political privileges is
,unoan natui- e, human intelligence, the
sod-given endowment of humanity, :
ashioned in the image of the divine ;
.rsat,or 1t means that when God has :
reated a member of the human species .
.sx1ing the ordinary intelligence and :
oorsI rectitude that are requisite in :
'ormaI human nature, residing in our :.
oicsst and being a citizen of the United !
.taTes. that person is entitled to all =
he civil and political privileges that :
re essential @ the free exercise oe full
;tizenship. with all its rights and OBJ I
cations. It means that all legal quail =
and conditions limiting and :
eAning civil and political rights and =
mites shall be subordinate to the in :
l;enable rights which every citizen :,
assesses il! virtue of being created hui !,
nan. It means that the divine image
!, man shall be set above the minor
nv steal distinctions which; appertain
E human beings as individuals. It il
leans that the Declaration of Indepen- b