Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-10-07
ooNsr1ruTIoN OK NEVADA.

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 IL 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 unapproPri'
atcd 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 cti
zens ofthe proposed state. These enactments are
made in compliance with the terms Of the Ena'
bling Act, and are declared irreyocable without
the consent of the United States and Of the people
Of the State Of Nevada .-
The preamble to the Constitution is the same
as that of the old Constitution. It reads thus
I'VE, 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 q more perfect Government, do estab-
lish this Constitution" ..r -. ..
ARrIcLEI-DEcLARATIoS OF RIGHTS.
Section declares all men by nature flee and
equal possessing certain inalieuable rights, etc,
the language Of the section being merely IN am
pliflcation Of the Declaration Of Independence.
Section 9 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.
naatinn tharatyifh or Torfnrrp af tanhinor
impair subvert or resist the supreme authority
of the Government of the United States. The
Conttltution of the United States conferS full
power on the Federal Government TO maintain
and perpetuate Its existence, and whensoeyer 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 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.thlrdS 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 n witness on account of religious opin.
ions.
Section secures the writ of habeas corpus,
except in cases of rebellion or invasion.
IL
usual puniShments, etc ..
Section requires that all persons accused shall
be baiia6le, except for capital offenses.
Section prohibits trials for crime except on
presentment or indictment, and establishes the
usual safeguards asto personal and property rights.
Section 9 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 ofjusthcation.
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.
Session 10 forbids the bileting Of soldiers.
Section l3. Representation shall be apportioned
according to population. M..
Section II requires the exemption Of a reasonable
amount of property from execution fer debt, and
torbids imprisonment for debt, except in case Of
fraud, libel or SANDER"
Section Is forbids the passage Of any bill Of at
tAinder, ex post facto law, or law impairing the
obligation of contracts
Section 10 secures TO foreigners, on becoming
bona fide residents. the same property rights as
nativo.horn 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 10 defines treason against the State las
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 all
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.
legiance of every citizen Is due to the Federal
Government and no power exists in the people
Of this or any other State in te Federal Union 10
dissolve their connection Herewith, or perform
any act tending 10 impair, subvert orSresisr 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, 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 "libel or slander were inserted
in Section IL, relative to imprisonment for debt,
on account Of the adoption of stringent proyt-
sions for the prevention aud punishment Ofdueling
The provision in Section 10, relative to con.
victions of treason, was not contained in the old
Constitution
ARTICLE u-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 constructively resided In the
State six mohths and IN the district or county
thirty days next preceding any elections" pro-
vides that 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.chlled 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 9 provides that no person shall be
deemed to have gained 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 ut the public expense, ... H.
Section 3 secures the right of suffrage 70 United
States soldiers and sailors. No poll tax or regis
traiion IL required Of such voters.
Section prohibits arrests on civil process on
election days #.
section provides that all elections by tho peo.
pie shall be by ballot, and by the Legislature
riUd uoce.
Section requires the enactment of a registry
law, and authorizes the Legislature TO prescribe
rules OF OHlnb as tedth OF eleCLOIal QuHlluCd|lou
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, uneivilized American /. diAnS ex.
cepted. one-halfto go for State and one:hslf for
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 ofyoters
on the adoption or rejection Of this Constitution.
In Section tie word" actually and not con
structively" were not In the old OouStltution.--
They were inserted to prevent the 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
see!ion, after " idiot or insane" the words " or
disloya person" occurred 10 the old Constitution.
These were stricken out on the ground OF vague
nesi and uncertainty and because the preceding
part Of the proviso was alleged 10 cover the
ground sufficiently. Es.
The provision in Section regarding additional
oa,hs or tests of electoral qualifications was not
contained, at least specifically. in the old Con-
stitution There are some other changes iu the
Article, but relating mainly to phrtueology and
arrangement. '-
ARTICLE uI-pIsTRIBUTIoS OF POWERS.
This Article Ia identical with that Of the old
Observation-Disclosures the powers OF the Gov
erpnnent into Legislative Executive and Judicial
Departments, each separate and distinct from the
others, a .. . ,.a J- EEE b, ....E-r5r
ARTICLE Iy-LEGIsLATIYE DEPARTMENT. p
Provides for biennial sessions, TO commence on
the first Monday Of January following the elec.
tioni of members General elections Are Itot be