Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-10-13
CONSTITUTION OF NEVADA.

tember. 1t 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: r...4.. ........
Preceding the Constitution proper is resolu-
ton adopting the Constitution of the United
States and an ordinance forever prohibiting sla-
very, securing perfect religious liberation, dis
claiming forever all right and title to unappropri.
aed public lands, which are left to the sole dis
position of the United States; e&empting 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 cit-
Zens Ofthe proposed State. These enactments are
made In compliance with the terms of the Ena-
bling Act, and are declared frrevocable without
the consent of the United States and of the people
Of the State Of Nevada
The preamble to the Constitution is the same
Us that of the old Constitution 1t reads thus ::
e. 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 o more perfect Government, do estab-
lish this Constitution .......
ARTICLE I-DECLARATIoS OF RIGHTS.
Section declares all men by nature free and
equal possessing certain inahenable rights, ETC.,
the language Of the section being merely an am
plifcation of tho Declaration of Independence.
Section asserts that the doctrine of the inhe.
rent political power Of the people, and their right
10 establish or change their form of Government,
and continues: l. 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, Subrert 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 perpetuste Its existence, and whensOever any
portion of the States, or people thereof, attempt
to secede from the Federal Union, or forribly re-
sist the execution of its laws, the Federal Gov
ernment may, by warrant of the Constitution
employ armed force in compelling obedience to
Its 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 Legisla
ture by a twO-thirds vote shall require such YER
diets 10 be unanimous.
Section requires perfect religious liberation
and freedom of conscience. No person to he cx.
cluded as witness on account Of religious opin
ions. ..,
Section ) secures the writ OF habeuS corpus,
Section prohibits excessive bail, cruel or un.
usual punishments etc
Section 7 requires that all persons accused shall
be bailable, except for capital offenses.
Section ! prohibits trials for crime except OIL
presentment or indictment, nnd establishes the
usual safeguards as to personal and property rights
Section secures the freedom of speech and of
the press, and allows the truth TO be given in er.
idence, in actions for libel, by way classification
Section 10 establishes the right of the people TO
hold public meetings etc.
Section II snbordinates the military to the civil
power, prohibits a standing army In time of peace,
and limits army appropriations In time of war TO
two years.
Section l2 forbds the billetiug of soldiers.
Section H. Representation shall be appOrtioned
according 10 population.
Section ii requires the exemption of q reasonable
amount of property from execution for debt, and
forbids imprisonment for debt, except in case of
fraud, libel or slauder."
Section Is forbdS the pusSage Of any bill Of at
tSndcr, ex post facto law, or law impairing the
obligation of contracts.
Section l6 secures 10 foreigners. on becoming
bona tide residents, the same property rights az
native born citizens.
Section II prohibits slavery.
Section ls protects the people against unreas.
enable searches and Seizures and restricts the is-
suing Of search warrants
Section - defines treason against the State (as
In the United States Constitution), and requires
for conviction 1.-The testimony of two witnesses
TO the same overt act coufssson 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 !, which in the old
Constitution read thus: But the paramount nj.
legianee 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 impnir, 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 orpeo-
pie thereof attempt to secede from the Federal
Union or foreibly resist the execution of It's laws,
the Federal Government may, by warrant Df tho
Constitution, employ armed force in compelling
obedience 70 its authority" ...i.r
Section IL If 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 slander" were inserted
in Section Ia, relative TO imprisonment for debt,
on account of the adoption of stringent prOvi-
sionsfOr the prevention and punishment Ofduelling
The provision in Section 10, relative TO con-
yictiOns of treason, was not continued in the old
Constitution.
ARTICLE II-RGHT OF SUFFRAGE.
Section coufers the right Of suffrage OH every
white male citizen Of the United States, twenty.
one years Of age and upwards, "who shall have
actually and not constructlvely resided in the
State NIX mohths md in the district or county
thirty days next preceding any election ! pro.
vides that 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 office 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 9 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 u student in any seminary of
learning, nor'while kept in any almShouse, Rsy'
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.
traton IN required Of such voters. .. D..
Section prohibits arrests on civil process on
election days .' III. .. -
Section 5 provides that all elections by the peO-
pie shall be by ballot, and by the Legislature
rird uoee. ...f r. ..." H.a -.. igiI .
Section requires the enactment Of = regiIiry
law, and authorizes the Legislature TO prescribe
rules or oaths tests Of electoral qualification.
Section requires the leSying of an annual poll
tax of from two TO four dollars, on all male resi-,
dents between the ages of twenty:one and sixty
years of age, uncivitized American lcdians ex'
cepted, one-hnlfto go for State and oue-half for
county purposes The payment OF such tax may,
in the discretion of the Legislature, be- made
condition to the right of voting. p. r..-..-5
Section relates TO the qualifications Of voters
on the adoption or rejection Of this Constitution:
In Section tie words actually and not con.
struetivelyn were not In the old Constitution,
They were inserted 10 prevent the possibility OF
reckoning the residence or the voter from the
time he leaves some other state or county TO
come to Nevada In the last paragraph OF the
section, after :" Idiot or insane" the words " or
dls0yaI person" occurred In the old Constitution.
These were stricken out on the ground of vague;
ness and uncertainty, and because the preceding
pRrt of the proviso waS alleged to cover the
ground sufficiently. --.tf nc. y ST. -
: The provision In Section regarding additional
oaths or tests of electoral qualifications was not
contained, at least specifically, in the old Con.
stituton. There are some other changes in the
Article. but relating mainly to phraaeology and
. ''. -'.a t.-'-.' "a,
ARTICLE nI-DIsTRIBuTIoS OF POWERS.
This Article Il identical with that Of the old
Constitution-dividing the powers Of the Gov
eminent into Legislative Executive and Judicial
Departments, each separate and distinct from the
otherS. ,. t.-. .f.4.Fs.s.sE. ...........s.
ART1CLE Iv-LEGIsLATIvE DEPARTMENT. GOD.
Provides for biennial sessions, TO commence on
the first Monday of january following the cleo