Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-09-27
CONSTITUTION OF NEVADA.

The following is \ complete and correct
abstract Of the Constitution ofthe State Of
Nevada, adopted on the seventh day Of Sep:
sember. 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: a. '-'. 'f-.
Preceding the Constitution proper Is resolu.
ton adopting the Constitution of the United
states and an ordinance forever prohibiting sla.
very, securing perfect religious tolersiion, dis,
claiming forever all right and title to unappropri
ated public lands, which are left to the sole dis.
position Of the United States exemptinR from
taxation all lands and other property Of the Uni.
ted States, and declaring that lands Of non.resi.
dents shallnot be taxed higher Than landsof citi-
zens ofthe proposed state These ensctments are
made In compliance with the terms Of the EnR-
bling Act, and are declared irrevocsble without
the consent Of the United States and oft people
of the State Of Nevada. .'..'' -
The preamble to the Constitution Is the same
as that Of the old Constitution. II reads thus:
q" We, the people of the State Of Nevada CRATE
full to Almighty God for our freedoln, in order 70
secure Its blessingS, insure domestic tranquility
and form more perfect Government, do estan:
lish this Constitution" ..... 49,. -
ARTICLE EI-DEcLARATIoH OF RIeHTs.
Section declares all men by nature free and
equal possessing certain inalienable rights, etc,
the language of the section being merely an am.
plifcstion Of the Declaration Of Independence.
Section 2 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 lhe 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 10 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-
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 tho right Of trial by jury,
but provides that three-fourthS Of jury III any
civil case may find verdict unless the Legisls
tarn by two-thrds vote shall require such yer.
diets 10 be unanimous. -.7. ..--..- ...-.. Dol.
Section requires perfect religious liberation
and freedom Of conscience. No person TO be OF.
cluded as a witness on account Of religious opin.
ions. D..
Section 5 secures the writ Of hsbeas 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. r...
Section 8 prohibits trials for crime except on
presentment or indictment, and establishes the
Section secures the freedom Of speech and Of
the press and allows the truth TO be given In ev.
dence, 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 forbids the bllleting of soldiers.
Section H. Representation shall be spportioned
according 10 population.
Section IA requires the exemption Of a reasonable
amount OF properly from execution for debt, and
forbids Imprisonment for debt, except in case Of
fraud, libel or SANDER" ..-
Section Is forbids the passage Of any bill OF at
thinder, ex post facto law, or law hnpairng the
obligation of contracts.
Section 10 secures to foreigners on becoming
bona iide residents, the same property rights AZ
native boru citiZens-
Section II prohibits slavery.
Section 10 protects the people against unreas-
enable searches and seizures and restricts the is
suing OF search warrants.
Section l9 defines treason against the State (as
in tho 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 aud all
rights not enumerated.
The most considerable change from tho old
Constitution in this Article Is in the paramount
allegiance" clause Of Section 2, which In the old
Constitution read thus: " But the paramount sl.
legiance Of every citizen Ia duo TO 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 TO impair, Subvert or rcSist the
supreme authority of the Government of the
United States The Constitution; Of the United
states conftrS full power on the Federal 4ovarn,
mentto maintain and perpetuate its eXAtenco,
and whcnsoever any portion Of tho States, or peo.
pie thereof, attempt TO secede from the Federal
Union, forcby resist the execution Of It's laws,
the Federal Government may, by warrant Of .the
Constitution employ armed force in compelling
obedience to its authority" ga. .... 1r- -s-.E g
Section II of the old Constitution, prohibiting
the Legislature from granting special privileges,
etc., stricken out as being sufficiently provl
ded for in the article on Legislative Department.
The words Libel or slander" were inserted
In Section ID, relative to imprisonment for debt,
on account of the adoption of stringent proTi-
sionsfor the prevention and punishment ofduelling
The provision In, Section 10, relative to con.
victionS Of treason, was not contained in tho old
Constitution,
.. ARTICLE II-RIGHT OF SUFFRAGE.
Section confers tho right of suffrage on every
whlte 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 person convicted oftreRson 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 srrns 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 OF insane per
son. shall be entitled to the privilege Of an eector
Section 2 provides that no person Ihali be
deemed to have gained or lost residence for the
purpose Of voting while in tho service of the
United States, while student in any seminary oi
learning, nor while kept in any almshouSe,i asy,
lum or prison at the public expense. = -. =
Section secures the right OF suffrage 70 United
States soldiers and sailors. Ne poll tax or regis
tration Is required Of such voters. ..' .". j.
Section prohibits arrests on civil process on
election days. ..-fa.r". g. ..
plc shall be by ballot, and by the Leghlature
riua poce .... 20. ...a s... .. --.......
section 6 requires the enactment Of registry
law, and authorizes the Legislature to prescribe
rules or oBths as tests Of electoral qualification.
. Section requires the levying ofan annual poll
tax of from two to four dollars on all male resi.
dents between the ages of t~enty-ooe and sixty
years of age, unciylized. American, lndians ex-
cepted, one,half to go for State and ono,hah for
county purposes. The payment OF such tai may,
in the discretion of the Legislature be rnado
condition 10 the right ofvoting. .. % -
Section relates TO the qualifications OF voters
on the adoption or rejection Of this Constitution
In Section ! tie words :. actually and moi. COP
structivelyn were not in the old Constitution
They were inserted to prevent the posAbllty OF
reckoning the residence or the voter from t6e
time he leaves some other state or county 20
come to Nevada In the last paragraph OF the
sec.ion, after F" idiot or insane" the words y or
ilsloyalp person. occurred In the old Constitution
These were stricken ont on the ground Of vague
ness and uncertainty, and because the preceding
part of the proylso Was dlegsdyto cover 1ns
ground sufficiently. .-i-r- --r..--a - =,
The provision In Section regarding additional
oaths or tests of electoral qualifications was not
ontained, at least specifically 10 tho old Con-
stitution. There are some other changes N tne
Article, but relating mainly to phrassoiogy and
arrangement IsEE--.5E .f-o.E :.a.L!gtf
ARTICLE uI-pIsrRBUTIoS or POWERS.
This Article IL identical with that OF tns old
Cons,itution-dividing the powers OF me gov;
ernment into Legislative, Executive and Judicial
Departments each separate and distinct from the
others f'lE-. 'h .''s' 80. ~. -. u