Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-10-12
CONSTITUTION OF NEVADA.


but fraction Of the room required for thu
publication Of the whole document, but vii
be found equally useful and far more con
venient for reference:
Preceding the Constitution proper is resolu
tlon adopting the Constitution of the Unitet
states and an ordinance forever prohibiting sla
very, securing perfect religious liberation, dis
claiming forever all right and title 20 unappropri
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 non.resi
dents shall not be taxed higher than lands of citi
| zens ofthe proposed State. These enactments art
made in compliance with the terms Of the Ena
| bling Act, and are declared irrevodable without
the consent of the United States and ofthe people
| of the State of Nevada -.' .. ".'. .
The preamble to the Constitution il the SAINT
as 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 tC
secure Its blessings, insure domestic tranquility
| and form more perfect Government, do estab
lish this Constitution"
| ARTICLE I-DECLARATIoH OF RIGHTS
Section declares all men by nature free and
| equal, possessing certain inalienable rights etc.
the language Of the section being merely m am
| plihcRtion 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
ofevery 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 ind no
power exists in the people of this or any other
state of the Federal Union to dissolve their CON
| nectlOn 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 whensocver any
portion of the States, or people thereof, attempt
TO secede from the Federal Union, or forcibly 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 u verdict unless the Legisla
ture by n twO'thirds vote shall require such YER
diets TO be unanimous
Section requires perfect religious federation
and freedom of conscience No person to be ex-
cluded as a witness on account of religious opin.
ions.
Section secures the writ OF habeas 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 8 prohibits trials for crime except on
presentment OF indictment, and establishes the
usual safeguards asto personal and property rights.
Section secures the freedom of speech and Of
the press, and allows the truth to bo 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 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 - forbids the bllleting of soldiers
Section l3. Representation shall be apportioned
according TO population. ...
Section II requires the exemption of reasonable
amount of property from execution for debt, and
torbids Imprisonment for debt, except in case OF
fraud libel or SANDER"
Section Is forbids the passage of any bill of at.
thlnder, ex post facto law, or law impairing the
obligation of contracts.
Section IL secures 10 foreigners, on becoming
bona fde 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 l9 defines treason against the State (ai
| 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 al
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 al
legisnce 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 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 secedo from the Federal
Union, or forcby resist the execution of its laws
the Federal Government may, by warrant Of the
Constitution, employ armed force In compelling
obedience to its authority"
Sectionll of the old Constitution, prohibiting
the Legislature from granting special privileges,
ETC., stricken out, rs 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 proyi-
sions for the prevention and punishment ofdueAing
The provision in Section 10, relative to con.
victions of treason, was not contained in the old
Constitution.
ARTICLE II-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 constructiycly resided in the
| State six months, and in the district or county
| thirty days next preceding any election :" pro-
vdes 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 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 eector
Section provides that no person shall be
| deemed TO have guined 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.
. Section 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. ...
section 5 provides that all elections by the peo.
| pie shall be by ballot, and by the Legislature
/ uird pOce. ... -.
Section requires the enactment of registry
law. and authorizes the Legislature TO prescribe
rules or oaths as tests of electoral qualification.
| Section requires the lGvying OF IN annual poll
tar of from two to four dollars on all male resi-.
| dents between the ages of twenty.one and sixty
| years of age, unclvilized American l dians eS.
cepted, one.halfto go for State and 0ne.half for
county purposes. The payment of such tax may,
\ In the discretion Of the Legislature, be made a
condition to the right of voting. .r
Section relates to the qualifications of voters
on the adoption or rejection of this Constitution
In Section tie words actually and not con.
| structiyely" 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 to
come to Nevada In the last paragraph of the
sec ion, after idiot or insane,' the words a. or
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 sufficiently. -. .r,. .ag..... ....
The provision In Section q regarding additional
Oaths or tests OF electoral qualifications was not
contained, Mt least specifically, In the old Con.
sttution. There are some other changes in the
Article, but relating mainly to phraseology and
arrangement .-.. ... .-....
r Observation-Disclosures OF POWERS,
This Article IL identical with that of the old
ConstitutIon--diyidlng the powers of the Gov
eminent into Legislative, Executive and Judicial
Departments, each separate and distinct from the
others. ..s =. d.. . =
ARTICLE IV-LEGIsLATIvE DEPARTMEST.
Provides for biennial sessions, 10 commence on
the hrst Monday OF January following the cleo.
NtAEn nf