Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-12-20
CONSTITUTION or FYYIDI.
coNsT1TUTIoNIoFs. NEVADA.

uS IouAo reaoohy iu1SAu buQ lar more con-
yenient for reference: rTrsr, r-ru,...,--..,-,
n, Preceding the Constitution proper isa rssolu.
ton adopting the Constitution of the United
States and an ordinance forever prohibiting sla-
very securing perfect religious federation. dis-
claiming forever all right and title to unsppropri
ated public lands, which are left to the sole dis
position Of the United States; exemptIn9 from
taxation all lands and other property of the Uni.
ted States, and declaring that lands Of non.resi.
dents shall not be taxed higher than lands Of citl
Gems ofthe proposed State. These enacsments are
made in compliance with the terms of the Ens
bling Act, and are declared Irrevocable without
the consent Of the United States and ofthe people
of the State of Nevada, q ~
The preamble to the Constitution is the same
as that of the old Constitution. It reads thus /:
1--WE, the people of the State of Nevada, CRATE
full to Almighty God for our freedom, in order to
secure its blessings, insure domestic tranquility
and form g more perfect Government, do estab-
lish this Constitution = -.prE1rFrg
ARTICLE I-DEcLARATIoN OF RIGHTS
Section declares all men by nature free and
equal possessing certain inalienable rights, ETC.,
the language of the section being merely an am
plihcation of the Declaration Of Independence.
Section 2 asserts that the doctrine Of the inhe-
rent political power Of the people, and their right
to establish or change their form of Government,
and continues: g But the paramount allegiance
nent In the exercise of all Its constitutional pow
ers, az the same have been. or may be defined by
the Supreme Court Of the United States and no
power exists in the people of this or any other
State of the Federal Union to dissolve their con-
neetiofi Herewith or perform any act tending to
impair, subvert or resist the supreme authority
Of the Government Of the United States. The
Constitution of the United States confers full
power on the Federal Government TO maintain
and perpetuate its existence, and whensoever any
portion of the States, or people thereof, attempt
to secede from the Federal Union. or forcibly re-
Blst the execution Of Its laws the Federal Gov
ernmeut may. by warrant Of the Constitution,
employ armed force In compelling obedience to
It's authority"
Section establishes the right of trial by jury,
but provides that three.fourths of Jury In any
civil case may find verdict unless the LegiSls-
ture by two.thrds vote shall require such ver-
diets to be unanimous. A ''.- '''' '-
Section 4 requires perfect religious federation
and freedom of conscience. No person to be ex-
cluded as a witness on account Of religious opin-
Section 5 secures the writ Of habeas corpus,
except in cases of rebellion or invasion. .,....r
Section 6 prohibits excessive bail, cruel or un.
usual punishmentS, etc .rraaT, -.r.u..T. =.
Section requires that all persons accused shall
be bailable, except for capital offenses. ...'s
Section 8 prohibits trials for crime except on
preeeutment or indictment, and establishes the
usual safeguards as to personal property rights
Section secures the freedom OF speech and OF
the press and allows the truth 10 be given in ey-
dence, in actions for libel by way classification.
Section 10 establishes the right Of the people to
hold public meetings, etc. ..-.... -.
Section II subordinates the military to the civil
power, prohibits standing army in time of peace,
and limits army appropriations in time of war to
two years.
Section 10 forbids the billeting of soldiers.
Section l3 Representation shall be apportioned
according to population. ''. .''
Section IA requires the exemption Of a reasonable
amount Of property from execution fer debt and
forbids imprisonment for debt, except In case OF
fraud, libel or SANDER"
Section Is forbids the passage Of any bill Of at
tainder, ex post facto law, or law impairing the
obligation of contracts.
Section IL secures to foreigners, on becoming
bona fide residents, the same property rights as
native-born citiZenE
Section II prohibits slavery ......s.H u-..i
Section ls protects the people against unreas'
enable searches and seizures and restricts the Is
suing of search warrants.
Section l9 defines treason against the State (aa
In the United States Constitution, and requires
for conviction :" the testimony Of two witnesses
to the same overt act or confession In open Court
Section 20 reserves to the people any and all
rights not enumerated.
The most considerable change from the old
Constitution in this Article is In the paramount
allegiance clause Of Section 2, which tnthe old
Constitution read thus: But the paramount al.
legiance of every citizen is due 10 the Federal
Government; and no power exists In the people
OF this or any other State In the Federal Union 10
dissolve their connection Herewith, or perform
any act tending to impair, subvert or resist the
supreme authority Of the Government OF the
United States. The Constitution Of the United
States confers full power on the Federal Govern
ment to maintain and perpetuate its existence,
and whensoever any portion Of the States, or PEG,
pie thereof, attempt to secede from the Federal
Union forcibly resist the execution of its laws,
the Federal Government may, by warrant OF the
Constitution, employ AIMED force in compelling
obedience toits authority ~ 'A.. -
Section II of the old Constitution, prohibiting
the Legislature from granting special privileges,
etc. was stricken out, as being sufficiently provi.
ded for in the article on Legislative Department.
The words libel or SANDER were inserted
In Section IA, relative to imprisonment for debt
on account of the adoption of stringent provi.
sons for the prevention and punishment fduelling
The provision In Section 10, relative to con.
victions of treason, was not contained In the old
Constitution.
ARTICLE I-RIaHT OF SUFFRAGE.
Section confers the right Of suffrage on every
white male citizen of the United States, twenty
one years of age and upwards, "who shall have
actually and not constructively resided in the
thirty days next preceding any election - pro-
vides that no person convicted oftreason or felony
In any State or Territory of the United States,
unless restored to civil rights and no person who,
after arriving at the age Of eighteen years shall
have voluntarily borne arms against the United
States or held civil or military ONCE under the
so-called Confederate States, or either Of them,
unless an amnesty be granted to such BY the
Federal Government, and no idiot or insane per-
SON. shall be entitled to the privilege Of an elector
Section e provides that no person shall be
deemed to have gained or lost residence Tor the
purpose Of voting while In the service OF the
United States, while q student In any seminary OF
learning, nor while kept In any almshouse, asy'
lum or prison at the public expense. -
Section 3 secures the right Of suffrage 10 United
States soldiers and sailors. No poll tax or regis
tration Is required Of such voters.
Section prohibits arrests on civil process on
election days. ~ 9- ~ CIV
Section provides that all elections by the peo-
pie shall be by ballot and by the Legislature
Section requires the enactment Of q registry
law, and authorizes the Legislature TO prescribe
rules or osths as tests Of electoral qualification:
Section requires the levying Of an annual poll
tax of from two to four dollars on all male resi-
dents between the ages of twenty-one and sixty
cepted, one.halfto 20 for State and one-hslf for
county purposes. The payment Of such tax may,
in the discretion Of the Legislature, be made, a
condition TO the right Of voting
Section relates to the qualifications of voters
on the adoption or rejection Of this Constitution.
, In Section tie words = actually and not con-
structively" were not in the old Constitution
They were inserted 10 prevent the possibility Of
reckoning the residence or the voter from the
time be leaves some other State or county to
come to Nevada In the last paragraph Of the
section, after Idiot or insane" the words Hor
disloyal person" occurred In the old Constitution
These were stricken out on the ground Of vague
ness and uncertainty, and because the preceding
part of the proviso was alleged to cover the
ground sufiiciently.L &AWN ~
The provision in Section 6 regarding additional
oaths or tests Of electoral qualifications was moi
contained at least specifically, in the old Con
stitution There IRE some other changes In the
Article, but relating mainly to phraseology and
arrangement rH ..ath " ',nCf|.
ARTICLE II-DIsTRIBUTIoN OF POWERS.
This Article is identical with that Of the old
Notwithstanding the powers of the Gov
eminent into Legislative Executive and Judicial
Departments, each separate and distinct from the
others .....,..
ARTICLE Iv-LEaIsL1TIvE DEPARTMENT.
Provides for biennial sessions, 10 commence or
| the first Monday Of january following the cleo
ton of members General elections are to be
| held. on tho Tuesday after the first Monday in
November Senators hold office for four year,