Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-10-01
CONSTITUTION OF NEVADA.

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.
yenient for reference:
Preceding the Constitution proper III O resoln,
tion adopting the Constitution of the United
States and All ordinance forever prohibiting Ma
very, securing perfect religious toleration dis
claiming forever all right and titleto unapproPH:
ated public lands which are left to the sole dis.
position Of the United States; exemptlng from
taxation all lands and other property Ut the UNI
ted States, and declaFinR that lands Of uon'resi-
dents shall not be taxed higher than lands Of citi.
Zens fthe proposed State. These enactmentA are
made In compliance with the terms Of the Ena.
bling Act, and are declared irrevOcable without
the consent of the United States and Of the people
of the State Of Nevada.
The preamble to the Constitution IL the Eame
as that of the old Constitution. 1t reads thus /;
I'VE, the people Of the State Of Nevada, CRATE!
ful to Almighty God for our freedomi In order 10
secure its blessings, insure domestic tranquility
and form a more perfect Government, do estab-
lish this Constitution" .-.. ....
ARTICLE I-DEcLARATIoE OF RIGHTS,
Section declares all men by nature fres and
equal, possessing certain inelenable rights, etc,
the language of the section being merely, an am
plification of the Declaration Of flAdependenoe.
Seetion 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 tho 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 aud whensoever 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, a. H.. ....
Section establishes tho right of trial by jury,
but provides that three.fourths Of jury in any
civil case may find q verdict unless the Legisla
ture by O-thirds vote shall require such ver-
diets TO be unanimous.
Section requires perfect religious liberation
and freedom of conscience. No person TO be ex.
cluded ms q witness on account Of religious opin'
ions.
Section 5 secures the writ Of habeas corpus,
except in cases of rebellion or invasion.
Section 6 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
preseutment or indictment, and establishes the
usual safeguards to personal and property rights
Section secures the freedom Of speech and of
the press, and allows the truth TO be 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 II 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 IL forbds the bIllcting of soldiers.
Section IL Representation shall be spportioned
according to population.
Section IL requires the exemption Of q reasonable
amount of property from, execution fer debt, and
forbids imprisonment for debt, "eIceptin case Of
fraud. libel or slander."
Section 10 forbids the passage Of any bill Of at.
thlnder, ex post facto law, or law impRiring the
obligation of contracts
Section l6 secures 10 foreigners, on becoming
bona tide residents, the same property rights ~
nstive-born citizens ff." ....
Section II prohibits slavery.
Section l6 protects the people aEalnstunreas'
enable searches and seizures and restricts the is
suing of search warrants. e.. 30
Section 10 defines treason against the State (as
in the United States C0nstitution), and requires
for conviction 1.-The testimony OF t1To witnesses
TO the same overt act or confession in open Court
Section 20 reserves to tho 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 2, which In the old
Constitution read thus: % But the paramount al.
legiance Of every citizen is due 70 the Federal
Government; and no power exists In the people
OF this any other State In the Federal Union TO
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 perpetnate its existence,
and whensoever any portion Of the States, orpeo'
pie thereof, attempt to secede from the Federal
Union, or forcby resist the execution of LIS laws,
the Federal Government MAJ. 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 out as being sufficiently provi
ded for in the article on Legislative Department.
The words "lbel or siander" were inserted
in Section II, relative TO imprisonment for debt,
on account Of the adoption of stringent provi-
sous for the prevention and punishment ofduelline
The provision in Section l9, relative TO con.
vietions 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 consuuctively 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 the age Of eighteen years. shall
have voluntarily borne arms against the United
States or held civil or military Office under the
socalled 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 eleetor
Section 9 provides that no person SHAH bt
deemed to have gained or lost residence der itht
| purpose of voting while in the service OF thf
United States, while student In any seminary o.
learning, nor while kept In any almshouse' ssy'
lum or prison at the public expense.
Section secures the right Of suffrage 10 Unifec
States soldiers and sailors. Nc poll tax orregh
tra,lon is required Of such voters.
Section 1 prohibits arrests ou civil process on
election days ...... ..........., ..,,..-s-.
section provides that all elections by the Peo
pie shall be by ballot and by the LesSla'ure
/ uird u0ce. .....x ...-,-,-,-
| ~
rules or oats as tests Of electoral qualincatlon.
Section requires the levyiDg of an annnaI po,'
tax of from two to four dollars. on all nsle resi-
dents between the ages Of twenty! zone and sixty
years of age, unciSilized American lqdienS ek.
cepted, ne.halfto go for State and one'hslf tor
county purposeS The payment of such tax may,
| in the discretion ofthe Lcgislature' DO mede
condition 10 the right Of voting. -.
Section relates to the qualifications. OF votela
on tho adoption or rejection Of this Coasll!utlon.
In Section tie words " actually; and not con-
structivelyn were not in the old ConSetutiion. M
They were inserted to prevent the possibility ol
reckoning the residence or the voter from tne
time he leaves some other state or county 70
CONT to Nevada In the last paragraph OF the
secIion, after Idiot or insane the words OF
disloysl person" occurred IN the old CONSTITUTION,
rrhess were stricken out on the gronnd OF XRgue:
ness and uncertainty, and because the preceding
mart of the proviso was alleged 10 cover the
ground sufficiently s.
The provision in Section regarding. additional
MATHS or tests Of electoral Qusilh Hatnot
Contained a; least specifically, W theroh Con-
,tItutiou There are some other changes IN the
! Article, but relating mainly TO PhfaSeoloty and
\ arrangement .-l.--- - z--...,.......ar
This Article II Identicsll with that Of lthe old
| Constitution-diyiding the powers Of the Gov.
eminent Into Legislative, Executive and Judicial
departments, each separa,e and diStinct from th1
9th .