Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-09-21
CONSTITUTIONS d I OF NE NEVADA ADA.


Nevada, adopted on the seventh day Of Sep
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 moro con-
yenient for reference $50. ..a4. ... .
Preceding the Constitution proper Ii 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 unappropn.
ated public lands which are left to the sole dis
position Of the United States exempting from
taxation all lands and other property Of the Uni
ted States and declaring that lands OF nonresi.
dents shall not be taxed higher than lands Of eti-
zens ofthe proposed State. These enactments are
made IN compliance with the terms of the Ena-
bling Act, and are declared irreVocable without
the consent Of the United States and ofthe people
Of the State of NeEadA. . ''' '-
The preamble TO the Constitution is the same
as that of the old Constitution. It reads thus
I'VE, the people of the State Of Nevada, CRATE
ful to Almighty God for our freedom, In order TO
secure Its blessings insure domestic tranquility
and form more perfect Government, do eStab'
lish this Constitution"
ARTICLE EI-DEcLARATIoS 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
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 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, ubvert or resist the supreme authority
of the Government Of the United States The
Constitution Of tho 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 forciblyre-
sist the execution of its laws, the Federal Gov
ernment may, by warrant of tho Constitution,
employ armed force in compelling obedience to
its authority 80 .- ..-, .-
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 atwothirds vote shall require such yer.
diets 10 be unanimous. ... ...- -....-....... ...-
Section requires perfect religious federation
and freedom Of conscience. No person to be OK.
cluded as witness on account Of religious opin-
IONS .--.
Section secures the writ of hnbeas corpus,
except in cases Of rebellion or invasion.
Section prohibits excessive bail, cruel or un-
usual puniShments, etc .. ..... ...
Section requires that all persons accused shall
be bailable, except for capital offenses.
Section prohibits trials for crime except on
prescntment or indictment, and establishes the
usual safeguards as personal and property rights.
Section secures the freedom of speech and Of
the press, and allows the truth 10 be given in ev.
idence in actions for libel, by way classification
ahaaf .,nl, ~ ti Ia IN
hold public meetings, etc. rt-. ..I.s#.
Section IL subordinates 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 forbids the billetng of soldiers
Section l3. Representation shall bo apportioned
according to population. lid O
Section Il requires the exemption Of q reasonable
amount Of property from execution for debt, and
fnrbids imprisonment for debt, except in case Of
fraud, libel or slander." ......- .. .......
Section 10 forbids the passage of any bill Of at
tAlndcr, ex post faeto law, or law impairing the
obligation Of contracts. .... .s-.-...... Il. z.
Section IL secures 70 foreigners, on becoming
bona fde residents, the same property rights Us
native-born citizens.
Section II prohibits slavery.
Section 10 protects tho people against unreas'
enable searches and seizures and restricts the ia-
suing of search warrants g.. .a-..,....sr
Section l9 defines treason against the State (sz
in the United States Constltution), and requires
for conviction "the testimony of two witnesses
TO the same overt net or confession In open Court
Section % reserves to the people any aud nj
rights not enumerated.
The most considerable change from the old
Constitution In this Article Is in the paramount
allegiance" clause of Section 2, 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
mfr of her fHt in ride
dissolve their connection therewllh 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 whensoeyer any portion of the States, or peO.
pie thereof, attempt TO secede from the Federal
Union or forcbly resist the execution of Its laws
the Federal Government may, by warrant OF the
Constitution. employ armed force In compelling
obedience to its authority" -a.-.-.I a.a s....
Section IL OF the old Constitution, prohibiting
the Legislature from granting special privileges,
ETC., stricken out, as being sufficiently provi
ded for in the article on Legislative Department.
Tho words libel or SANDER were Inserted
in Section II, relative TO imprisonment for debt,
on account of the adoption of stringent provi-
sions for the prevention punishment ofduelling
The provision in Section 49, relative to con.
yietions of treason, was not contained In the old
Constitution.
ARTICLE u-RIdHT OF SUFFRAGE.
Section confers tho right of suffrage on every
white male citizen of the United States, twenty
one years Of age and upwards, " who shall have
actually md not constructively resided in the
State six mohths and In the district or county
thirty days next preceding any electioni" 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 nm amnesty be granted to such by the
Federal Government, and NO idiot or insane per-.
son, shall be entitled to the privilege of an eector
Section provides that no person shall be
deemed to have gained or lost residence for ths
purpose of voting while in the service of the
United States, while student in any seminary OF
learning, nor while kept In any almshouse, sy.
lum or prison at the public expense. -
Section secures the right of suffrage 10 United
States soldiers and sailors Nc poll tax or regis.
tration Ii required of such voters. -.a..--
Section prohibits arrests on civil process on
election days. ...- ... .-.... sa'-
Section 5 provides that all elections by the peo-
pie shall be by ballot, and by the Legislature
uird r0ce. - .....I- .......s,.
Section requires tho enactment of a regtItry
law, and authorizes the Legislature to prescribe
rules or oaths as tests Of electoral qualification.
Section 7requires 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
years Of age, unGivlised American IadianS e1:
cepted, one.half to go for State and one'half for
county purposes. The payment Of such tax may,
in the discretion Of the Legislature, be made
condition to the right Of voting. l.e E =
Section relates to the qualifications ofvoters
on the headoption or rejection of this Constitution.
In Section ! tie words actually and not con.
structiyelyn were not In the old Constitution =
They were inserted TO prevent tho possibility OF
reckoning the residence or the voter from the
time he leaves some other State or county 70
come to Nevnda In the last paragraph of the
section, after idiot or insane" the words .. or
disIoyal psrson occurred in the old Constitution.
These were stricken out on the ground Of vague
ness and uncertainty, and because the precedihg
part of the proyiso was alleged to cover the
ground sufficiently. ,,,...z;
The provision in Section 6 regarding additional
oaths or testS Of electoral qualifications was not
contained, at leat specifically, in. the old Con.
stitution. There are some other changes In the
Article, but relating mainly to phraseology and
arrangement y{-,-,
ARTICLE uT--DIsTRIBUTtos OF POWERS 90
This Article Is identical with that OF the old
OBSERVATION-DISCLOSURES the powers of tho Gov.
eminent into Legislative, Executive and Judicial
Departments, each separate and distinct from the
others. rrrs tsia aNt ~ w sl-sf.', .s-----fS'
ARTICLE Iv-LEGIsLATIvE DEPARTMEST.csg o
Provides for biennial sessions, 10 commence on
the first Monday of january following the elec:
tion Of members g General elections are to be