Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-09-10
CONSTITUTION OF NEVADA.

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 liberation, dis.
claiming forever all right and title to unappropH
ated public lands, which are left to the sole dis.
position of the United States; exempting from
ted States, and declaring that lands Of non.resi-
dents shall not be taxed higher than lands of cti
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 of the people
of tho State of Nevada.
The preamble to the Constitution Is the same
as that Of the old Constitution. 1t reads thus
1--WE, the people of the State of Nevada, CRATE
full 10 Almighty God for our freedom, in order to
secure Its blessings, insure domestic tranquility
and form a more perfect Government, do sstab.
lish this Constitution"
ARTICLE I-DEcLARATIoE OF RIGHTS.
Section declares all men by nature free and
equal possessing certain inalienable rights, ETC.,
the language Of the section being merely IN am.
plifieation 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 whensoever any
portion Of the States, or people thereof, attempt
to secede from the Federal Union, or forcIbly re-
sst 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 3 establishes the right of trial by jury,
but provides that three.fourths Of a jury In any
civil case may find verdict unless the Legisla
ture by two-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 as witness on account Of religious opin.
ions.
Section 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
presentment or indictment, and establishes the
usual safeguards as 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 ofjustifcation.
Section 10 establishes the right Of the people to
hold public meetings, etc.
Section IL subordnates the military to the civil
sc,
and limits army appropriations in time Of war to
two years.
Section IL forbids the billetIng Of soldiers
Section l3. Representation shall be Rpportioned
according 10 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, eK post facto law, or law imparing the
obligation of contracts. ...
Section IL secures TO foreigners, on becoming
bona tide residents, the same property rights az
native-born citizens.
Section II prohibits slavery.
Section le protects the people against unreas'
enable searches and seizures and restricts the is
suing Of search warrants.
Section 10 defines treason against the State (aE
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 ole
Constitution In this Article Is in the paramount
allegiance" clause of Section 2, which in the ole
Constitution read thus But the paramount al
legianee Of every citizen Is due TO the Fedora
Government and no power exists In the people
Of this any other State in the Federal Union tc
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 10 maintain and perpetuate its existence
and whensoever any portion of the States, or peo
pie thereof attempt TO secede from the Federal
union or forcibly 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 out as being sufficiently provi
ded for In the article on Legislative Department
The words "l libel or SANDER" were inserted
in Section IL, relative TO imprisonment for debt
OIL account of the adoption Of stringent provi
sions sfor the prevention and ndpuniShment ofduelina
The provision in Section 10, relative to con
victons of treason, was not contained in the old
Constitution.
ARTICLE H-RIGHT OF SUFFRAGE.
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 Stale or Territory of tho United States,
unless restored TO civil rights, and no person who
after arriving ct the age of eighteen years, shal
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 tht
Federal Government, and no idiot or insane per.
son. shall be entitled to the privilege of an elector
Section provides that no person shall bt
deemed to have gained or lost residence for thu
purpose Of voting while in the service Of tht
United States, while student in any seminary o
learning nor while kept in any almshouse, asy
lum or prison at the public expense.
Section 3 secures the right of suffrage 10 Unitet
States soldiers and sailors. No poll tax or regis
tration 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
rird uoce.
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
dents between the ages Of twenty-one and sixty
years Of age, uncivilized American / dians ex
cepted, one-half to go for State and onc-half FOL
county purposes, The payment Of such tax may
in the discretion of the Legislature be made
condition to the right OF voting
Section relates to the qualifications of fyoterI
on the adoption or rejection Of this Constitution
In Section l tie words actually aud not con
structively" were not in the old Constitution
They were inserted to prevent the posnbility OF
reckoning the residence or the voter from the
time he leaves some other state or county 70
come to Nevada In the last paragraph Of the
section, after Idiot or insane" the words " Of
dlsloyal 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.
The provision in Section regarding 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
arrangements
ARTICLE EuI-DIsTRIBUTIoS OF POWERS.
This Article IL identical with that Of the old
Constitution-dIviding the powers of the Gov.
ernmeut into Legislative, Executive and Judicial
Departments each separate and distinct from the
others. -.
ARTICLE EIv-LEGIsLATIvE DEPARTMENT.
Provides for biennial sessions TO commence or
the first Monday of january following the elec
ton of members General elections are to bt
held on the Tuesday after the first Monday In
November Senators hold office for four year.
ond Aaua,nhlyYnen for fyyo VAars The nan n