Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-10-15
CONSTITUTION OF NEVADA.

The following is a complete and correct
abstract of the Constitution Of the State OF
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 more con-
venient for reference: ....
Preceding the Constitution proper is a 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 unRppropri-
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 are
made in compliance with the terms Of the EnR-
bling Act, and are declared irrevocable without
the consent of the United States and ofthe people
Of the State of Nevada. ....-.. ..
The preamble 10 the Constitution is the same
as that of the old Constitution. II reads thus I:
1--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"
ARTICLE EI-DECLARATIoN OF RIGHTS.
Section declares all men by nature free and
equal possessing certain nalienable 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
10 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
fhA hean M m lafinRd
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 10 maintain
and perpetuate its existence, and whensoever any
portion of the States, or people thereof, attempt
10 secede from the Federal Union, or forcibly re.
sist the execution of its laws the Federal Gov
crnment 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 q jury in any
civil case may find verdict unless the Legisla
ture by two-thrds vote shall require such YER
diets 10 be unanimous.
Section requires perfect religious liberation
and freedom of conscience. No person 10 be ex-
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 bailablc, except for capital offenses.
Section I 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 70 be given In rv-
dence, 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;
ind limits army appropriations in time OF WIZ TO
two years.
Section IL forbids the billeting 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
6orbids imprisonment for debt except in case Of
fraud, libel or slander."
Section Is forbids the passage of any bill ofaat'
thinder, ex post factO law, or law impairing the
obligation of contracts.
Section lG secures 10 foreigners, OIL becoming
bonn tde residents, the same property rights AZ
native-born citizens.
Section II prohibits slavery.
Section IL protects the people against unreas'
enable searches and seizures and restricts the is
suing of search warrants. .a
Section 10 defines treason against the State (as
In the United States Corstltuton), and requires
for conviction the testimony of two Witnesses
to the same overt act or confession in open Court
Section 90 reserves TO the people any and all
rights not enumerated.
The most considerable change from the old
Constitution in th'> 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; aud no power exists in the people
of this or any other State In the Federal Union 10
dissolve their connection Herewith or perform
any act tending 10 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
the Federal Government may, by warrant Of the
Constitution employ armed force in compelling
obedience to its authority" ... ... ..-... ....
Section II of the old Constitution, prohibiting
the Legislature from granting special privileges,
etc, was stricken out as being sufficiently proyi.
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.
sons for the prevention and punishment ofduelling
The provision in Section l9. relative to con:
Yictions of treason, was not contained In the old
Constitution.
ARTICLE u-NGHT 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 constructvely resided In the
State six MONTHS, and in the district or county
thirty days next preceding any eectioni" pro-
vides that no person convicted Oftreason or felony
O.. Ak. tk.I NaNn
unless restored to civil rights, and no person who
after arriving at the age Of eighteen yrars shall
have voluntarily borne arms against the United
States or held civil or military Office under the
so-caled 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 provides that no person shall be
deemed TO have gained or lost resideRce 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 TO United
States soldiers and sailors No poll tax OF regis
tration IN required of such voters.
Section prohibits arrests on civil process on
election days. ... ~ ..r...f.. ..r.-........ .. e.
section provides that all elections by the peo.
pie shall BE- by ballot, and by the Legislature
'uicd U0ce.
law and authorizes the Legislature TO prescribe
rules or 0aihs as tests of electoral qualification.
Section requires 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, uncivilized American Icdians ex'
cepted, one.halfto go for State and one-hRlf for
county purposes. The payment OF such. tax may,
In the discretion of the Legislature, be made a
condition to the right of voting g.- '-A
Section 4 relates to the qualifications Of voters
on the adoption or rejection of this Constitution.
In Section tie words g actually and not con-
structiycly" were not in the old Constitution.
They were Inserted TO prevent the possibility OF
reckoning the residence or the voter from the
time he leaves some other State or county 10
come to Nevada. In the last paragraph OF the
sec lion, after " Idiot or insane" the words " or
disloyal person" occurred in the old Constitution
These wore stricken ont on the ground OF vague
ness and uncertainty, and because the preceding
part Of the provIso was alleged to cover the
ground sufficiently. 81. aa ,tE.,y
The provision in Section 6regrding additional
oaths or tests Of electoral qualifications was not
contained, at least specifically, in the old Con.
Stitution There are some other changes IN the
Article, but relating mainly to phraseology and
arrangement D., ..a... ... ...-.i ......-..
,-,,,. Yry nYzrpIpuTInH oE POWERS