Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-09-23
CONSTITUTION OF NEVADA.

Inc following IS complete and correct
abstract of the Constitution of the State of
Nevada, adopted on the seventh day Of Sep
Itember. Itis greatly condensed, occupying
but a fraction Of the room required for the
publication ofthe whole document but will
be found equally useful and far more con-
yenient for reference:
/ Preceding the Constitution proper is a resOlu.
| ton adopting the Constitution Of the United
States and On ordinance forever prohibiting Sla-
very, securing perfect religious liberation, dis
claiming forever all right and title to unapprop.
ated public lands, which are left to the sole dis.
position Of the United States exemptlng from
taxation all lands and other property Of the Uni.
ted States, and declaring that laads of non.reE=
dents shall not be taxed higher than landso of citi
zens ofthe proposed State. These ensctmepts are
made In compliance with the terms OF the EnR-
bling Act, and arc declared irrevocable without
the consent of the United States aud OF the people
ofthe State Of Nevada! -.-si o. 9. -.-t.Es
/ The preamble to the Constitution is the same
as that of the old Constitution. 1t reads thuli
I" We; the people of the State Of Nevada, CRATE:
full to Almighty God for our freedom, W order. to
secure its blessings, insure domestic tranquility
and form q more perfect Government do estab'
lish this Constitution"
7 ARTICLE I-DECLARATIoH OF RIGHTS.
/ Section declares all men by nature free and
equal, possessing certain inalienable rights ETC.,
the Language Of the section being merely an am
plification Of the Declaration of Independence.
section ? asserts that the doctrine Of the tnhe-
rent political power Of the people, and their right
10 establish or change their form Of Government, I,
and continues: "But the paramount allegiance
Of every citizen Ia 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 conferB full
| power on tho 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-
siSt the execution OF Its laws, the Federal Gov
eminent may, by warrant Of the Constitution,
employ armed force in compelling obedience TO
| its authority." Ns. g..
Section establishes the right Of trial by jury,
but provides that three fourths Of jury In any
civil case may find a verdict unless tho Legisls
ture by two-thirds vote shall require such veT-
diets 20 be unanimous .- ..
Section requires perfect religious federation
| and freedom Of conscience No person to be OK.
cluded az witness on account of religious opln'
| IONS " -..- ....
section D secures the WITT oil na0eA1 corpus,
except in cases of rebellion or invasion. g.
Section prohibits excessive bail, cruel or un.
| usual punishments, etc
Section requires that all persons accused shall
bo bailable, except for capital offenses.
Section 8 prohibits trials for crime except on
presentment or indictment, and establishes the
usual safeguards to personal and property rghts
Section secures the freedom of speech and of
the press and allows the truth 10 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 IL subordinates the military to the civil
power prohibits a Standing army In time Of peace,
| and limits army appropriations in time of war to
| two years.
Section IL forbids the bleting of soldiers.
Section IL. Representation shall be apportioned
| according to population.
| Section IA requires the exemption of a reasonable
amount Of property from execution for debt, and
forbids imprisonment for debt, except In case Of
| fraud, libel or slander." ..'5..
Section Is forbidI the passage of any bill Of At.
tainder, ex post facto law, or law impairing the
| obligation of contracts. .... ...., ...
| Section IL secures to foreigners, on becoming
bona tide residents, the snne property rights as
| nativeboru citizena '-.'
Section II prohibits slavery.
| Section Is protects the people against unroaS'
enable searches and seizures, and restricts the Is
| suing of search warrants. ..r. ...
| Section l9 defines treason against the State (ss
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 9, which in the old
Constitution read thus But the paramount al
| legiance of every citizen Ia due to the Federal
| Government; and no power exists in the people
Ill Nk--C gka.a
| dissolve their connection Herewith, or perform
| any net tending TO impair, Eubvert or resist the
| supreme authority Of the Government of the
| United States The Constitution of the United
| States coDfers full power on the Federal Govern
ment to maintain and perpetuate lis existence,
| and whensoever any portion Of .he States, orpeo.
| pie thereof, attempttO secede from the Federal
U1on CT forcibly resist the executionofits laws,
| the Federal Government may, by warrant OF the
Constitution, employ armed force in compelling
obedience to its authority. r.s, -'.-:., ~ -
| Section IL of the old Constitution, prohibiting
the Legislature from granting special privileges,
etc.. stricken out, as being sufficiently prori:
ded for in the article on Legislative Department.
The words Libel or slRnder" were inserted
in Section IA, relative to imprisonment for debt,
on account Of the adoption of stringent proyi'
sions for the prevention and punishment fdpelling
| The provision in Section 19, relative to con-
victons 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 constructiyely Tesided In the
| State six months, and In the district or county
thirty days next preceding any election" pro.
vdes 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
so-called Confederate States, OF either Of them,
unless IN amnesty be granted 70 such by the
| Federal Government, and no idiot or insane per-
SON. shall be entitled to the privilege OF an elector
/ Section 2 provides that no person shall be
deemed to have gained or lost residence for tho
| purpose Of voting while in the service OF the
Uuited States, while student IN any seminary oi
learning nor while kept in any slmshouse, Asy.
lum or prison at the public expense. - ra. agfr
Section secures the right of suffrage to United
States soldiers and sailors. No poll tax or regis
tration il, required Of such voters. ... e.. -
Section prohibits arrests on civil process on
| election days 's.l"' o" l.-" -
Section provides that all elections by the peo.
pie shall bs by ballot. and by the Legislature
| uied pOee.- ... .... --.s F.s arr-..H .t-gs.
Section requires the enactment Of . registry
law, and authorizes the Legislature to prescribe
rules or oaths rs tests Of electoral qualification.
tax of from two to four dollars, on all male resi-
dents between the ages of twenty.one and sixty
years of age uneiviliEed American lcdians ex'
cepted, one-half to go for State aud ope-hat for
/ county purposes The payment of such tax may,
in the discretion of the Legislature, be made
i condition TO the right Of voting. ri H;fL-I2 $ 2
Section = relates to the qualifications Of voters
on the adoption or rejection Of this Constitution
In Section ! tie words " actually and not con-
structiyely" were not in the old Constitution. -
| They were inserted to prevent the possibility oi
| reckoning the residence or the voter from tue
/ time be leaves some other Stnte or county TO
/ come TO Nevada, In the last paragraph Of me
section after 4 Idiot or insane the words t'or
dsloyal person occurred In the old Consultation
i These were stricken out on the ground Of ysgne.
ness and uncertainty, and because the Preeed!1g
| mart Of the proviso was alleged to cover tne
| ground sufficiently - -. ,,,,,,.,o:,
The provision In Section 6 regarding additional
! oathE 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 q, ,Phrase0losy and
| arrangement - Amy 90. :. :. ...-.-E
ARTICLE EnI-DIsrRIBUTIoS OF POWERS.
This Article Is identical with that OF the old
Conrtitiition- dividing the powers OF the Gov:
eminent into Legislative, Executive and Judicial
lDepartments, each separate and distinct ironfths
| others, . --...-...--.. ;s.,,,,, 49,; fz..