Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-12-21
CONSTITUTION OF NEVADA.
CoNsTITUTIoNioF NEVADA.

1ne IOuoWlng ID COmpiete ouu SOAASSS
abstract Of the Constitution Of the State OF
Nevada, adopted ON the seventh day OF Sep
TENDER. 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:
Preceding the Constitution proper is q resolu:
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 unapproPn'
ated public lands, which are left to the sole dis
position Of the United States; exemptlng from
taxation all lands and other property Of the Uni
ted States, and declaring that lands of n0n'reh-
dents shall not be taxed higher than lands Of citi'
zens ofthe proposed State. These enaetmertS Rre
made in compliance with the terms of the Ens
bling Act, and are declared irrevocable without
of the State Of Nevada
The preamble to the Constitution ID the same
az that of the old Constitution. 1t reads thus:
" 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 more perfect Government, do estab-
lish this Constitution"
ARIlCLE EXPERIMENTATION VI hl0hIS.
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 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, 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 whensoeyer any
portion of the States or people thereof, attempt
to secede from the Federal Union, or forclbly re-
sist 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 three.fourths Of jury In any
civil case may find verdict unless the LegisR'
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'
Section secures the writ of habeas corpus,
except In cases of rebellion or invasion.
Section prohibits excessive bail, cruel or I'M
usual punishments, etc
Section requires that all persons accused shall
be beilsble, except for capital offenses.
Section 8 prohibits trials for crime except on
presentment or indictment, and establishes tho
usual safeguards as 10 personal and property rights
Section 9 secures the freedom of speech and Of
the press, and allows the truth to be given In ev
ldence, in actions for libel, by way ofjustihcation
Section 10 establishes the right of the people to
hold public meetings, etc.
Section IL subordlnates 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 10. Representation shall be apportioned
according to population.
Section II 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 III secures to foreigners, on becoming
bona fde residents, the same property rights m
native born citizens.
Section II prohibits slavery.
Section l5 protects the people against unreas
enable searches and seizures and restricts the IT,
suing of search warrants.
Section 10 defines treason against the State Gas
In the United States Constitution), and requires
for conviction 1.-The testimony of two witnesses
TO the same overt act or confession in open Court
Section 20 reserves to the people any and al
rights not enumerated. :,
The most considerable change from the old
Constitution in this Article Is in the paramount
allegiance clause Of Section 9, which In the Ole
Constitution read thus: But the paramount al
legance of every citizen is due 10 the Federa
Government; and no power exists In the people
of this or any other State in the Federal Union &c
dissolve their connection Herewith, or perform
any &C 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
msnt TO maintain and perpetuate Its existence
and whatsoever any portion of the States, or peo
pie thereof, attempt TO secede from the Federal
Union, CT 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"
Section IL Of the old Constitution, prohibiting
the Legislature from granting special privileges
etc, was stricken ont az being sufficiently provi
ded for In the article on Legislative Department
The words Libel or SANDER" were inserted
in Section IA, relative 10 imprisonment for debt
on account Of the adoption of stringent provi
sion for the prevention and punishment ofdueling
The provision in Section l9, relative 10 con
victions of treason, was not contained in the old
Constitution.
ARTICLE u-RIeHT 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 six months, and in the district or county
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 .he age Of eighteen years, shal
have voluntarily borne arms against tue United
States or held civil or military Office under 'he
so-called Confederate States or either Of them
unless an amnesty DO granted to such by tht
Federal Government, and no idiot or insane per.
son. shall be entitled to the privilege of an eiccor
Section 2 provides that no person shall .b'
deemed TO have gained or lost residence for thu
purpose of voting while In the service Of thu
United States, while student in any seminary o.
learning, nor while kept In any almshouse, asy
lum or prison at the public expense.
Section secures the right of suffrage 10 United
States soldiers and sailors No poll tax or regis
tratlon Is required Of such voters.
Section prohibits arrests on civil process or
election days
Section provides that all elections by the peo
pie shall be by ballot, and by the Legislature
riud p0cs
Section requires the enactment of q registry
law, and authorizes the Legislature to prescribe
rules or oaths as tests of electoral qualification
Section requires the levying Of an annual pol
tax of from two to four dollars, on all male resi-
dents between the ages of twenty.one and sixty
years of age, uncivillzed American Indians ex
cepted one.halft to go for State and one-half fol
county purposes. The payment of such tar may
| In the discretion of the Legislature, be made {
condition to the right ofvoting.
Section relates to the qualifications OF voter
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 to prevent the possibility o.
reckoning the residence or the voter nom the
| time he leaves some other State or county Il
come to Nevada In the last paragraph Of thu
section, after idiot or insane" the words oil
disloysl person" occurred In the old Censtituti0n
| These were stricken out on the ground OF vague
ness and uncertainty, and because the preceding
part of the proviso was alleged to cover TIT
ground sufficiently.
The provision In Section regarding sddltiona
oaths or tests Of electoral qualifications was no
contained, at least specifically In the old Con
stitutIon. There are some other changes In thu
Article, but relating mainly to phraseology ane
arrangement
ARTICLE REDISTRIBUTION OF POWERS.
This Article is identical with that Of the OLE
Misunderstanding the powers Of the Gov
eminent into I,eRislRtiye Executive and Judlcla