Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-12-14
] 00NsfiffEuTIaN OF NEVADA.
: ooNsTTTUTIoN OF NBvADA.

= OoNsTTTUTIoN OF M1vAnAs s.
The following is complete and correct
abstract OF the Constitution Of the State OF
Nevada, adopted on the seventh day Of Sep
TENDER. It is greatly condensed, occupying
but fraction of the room required for the
publication of the whole document, but will
be found equally useful and far more con-
venient for reference:
Preceding the Constitution proper ID resolu.
hon adopting the Constitution of the United
States and an ordinance forever prohibiting sla'
very, securing perfect religious tolerstion, dis
claiming forever all right and title to unsppropr-
atsd public lands which are left to the sole dis.
position Of the United Statesj exemptlng from
taxation oil 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 cti-
gems ofths proposedStzte.s These ensctments are
made in compliance with the terms Of the Ena.
bling Act, and are declared irrevocsble without
the consent of the United States and fthe people
of the State of Nevada Poo HF
The preamble to the Consultation Is the same
as that of the old Constitution. 1t reads thus:
Z" We, the people Of the State Of Nevada, CRATE
full TO Almighty God for our freedom, in order TO
secure Its besSings insure domestic tranquility
and form a more perfect Government, do estsb.
llsh this Constitution"
ARTICLE I-DEcLARGTIoE OF RIGHTS.
Section declares all men by nature free and
equal possessing certain inaienable rights, ETC.,
the language Of the section being merely an am
plifcation Of the Declaration of Independence.
Section 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: But the paramount allegiance
of every citizen Is due to the Federal Govern.
ment in the exercise of all Its constitutional pow
ers as 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.
nection Herewith, or perform any act tending to
impair subYert 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, OF forci6ly re-
slst the execution of Its laws, the Federal Gov.
eminent may, by warrant Of the Constitution,
employ armed force in compelling obedience to
Its authority"
Section 3 establishes the right of trial by jury,
but provides that threefourths Of jury In any
civil case may find verdict unless the Leglsla'
ture by two-thirds vote shall require such yer.
diets to be unanimous.
Section requires perfect religious liberation
and freedom of conscience. No person to be ex-
cluded as witness on account of religious opin"
ions.
Section 5 secures the writ of habeas corpus,
except In cases of rebellion or invasion.
Section 6 prohibits excessive bail, cruel or I'M
usual puniShments, etc
Section requires that all persons accused shall
be bailable, except for capital offenses.
Section 9 prohibits trials for crime except on
presentment or Indictment and establishes the
usual safeguards to personal and property rights
Section 9 secures the freedom of speech and OF
the press and allows the truth to be given in ev-
idence, In actions for libel by way classification
Section 10 establishes the right of the people to
hold public meetings, etc.
Section IL Eubordinates tho military to the civil
power, prohibits standing army in time of peace,
and limits army appropriations In time OF war TO
two years. -tF
Section 10 forbids the billeting of soldiers.
Section l3. Representation shall be spportioned
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 l6 secures to foreigners, on becoming
bona fide residents, the same property rights an
native born eitiZens EAs 81 =
Section II prohibits slavery.
Section 10 protects the people against unreas-
enable searches and seizures, and restricts the IS
suing Of search warrants.
Section 10 defines treason against the State las
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 % 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
aIIecianceI clause of Section 9, which in the old
Constitution read thus: But the paramount al.
legiance of every citizen Is due TO the Federal
Government; and no power exists in the people
of this or any other State In the Federal Union TO
dissolve their connection Herewith, or perform
any act tending to impair, subvert or resist the
supreme authority Of the Government OF inc
United States The Constitution Of the United
States confers full power on the Federal Govern.
ment TO maintain and PerPetuete It's existence,
and whensoever any portion Of the States or PEG.
pie thereof, attempt to secede from the Federal
Union CT forcibly resist the execution of laws,
the Federal Government may, BY warrant OF the
Constitution, employ armed force In competing
obedience to its authority" d. 4 a..
Section II of the old Constitution, prohibiting
the Legislature from granting special privileges,
etc. was stricken out, as being suticiently proVi'
ded for in the article on Legislative Department
The words Libel or Islander" were inserted
In Section IA, relative TO imprisonment for debt,
on account of the adoption of stringent proVi-
Eions for the prevention and punishment fduelllng
The provision In Section 10, relative to con-
victions of treason, was not contained In the old
Constitution 10. . l.-fa.. ... ...'..
ARTICLE u-RIGHT 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
State Slx months, and in the district or county
thirty days next preceding any election" pro-
ydes 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 oftiee under the
Socslled 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 eieetor
Section provides that no person shall be
deemed to have gained or lost residence for the
purpose of voting while In the service OF the
United States, while student In any seminary Of
learning, nor while kept In any almshouse, asy-
lum or prison at the public expense. o. ~. :
/ Section secures the right Of suffrage TO United
States soldiers and sailors No, poll tax or regis
tration Ii required of such voters.
Section prohibits arrests on civil process on
election days.
Section provides that all elections by the peo-
pie shall be by ballot, and by the Legislature
uiud poeS.
Section requires the enactment Of registry
law, and authorizes the Legislature to prescribe
rules or oaths as tests of electoral qualification
Section requires the levying Of an annual poll
tar of from two to four dollars, on all male resi-
dents betw cen the ages of twenty.one and sixty
years of age, uncivilized American Icdisns ex.
cepted one.halfto go for State and one,half for
county purposes The payment Of such tax may,
in the discretion of the Legislature, be made q
condition to the right Of voting. - s.,.,.-.t. /
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 ln the old Constitution.
They were Inserted to- prevent the posIpinty oI
reckoning the residence or the voter nom me
time he leaves some other State or county 20
come 70 Neyada. In the last paragraph OF ine
section, after "Idlot or insane the words = OF
dIsoyai 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 sufficiently.
4. II ali 4,aN Iona UNI m