Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-11-30
CONSTITUTION OF NEVADA.
CONSTITUTION on NEVADA.

The following is a. complete and correct
abstract Of the Constitution Of tho State Of
Nevada, adopted on the seventh day Of Sep
TENDER. 1t is greatly condensed, occupying
but fraction Of the room required forthe
publication Of the whole document, but will
be found equally useful and far more con-
venient for reference: ~. .-.
Preceding the Constitution proper is 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 unappropr.
ated 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 cit
zens ofthe proposed State. These enactments are
made in compliance with the terms Of the Ena
| bling Act, and are declared irrevocablc without
the consent of the United States and ofthe people
| of the State of Nevada '.s...
The preamble to the Constitution Ii the same
as that of the old Constitution. II reads thus {:
We, 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 more perfect Government, do estab-
| fish this Constitution"
ARTICLE I-DECLARATIoS OF RIGHTS.
Section declares all men by nature free and
equal, possessing certain inaienable rights, otc,
the language of the section being merely an am
plifcation 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 tho paramount allegiance
| of every citizen is due TO the Federal Govern
ment, in the exercise of its constitutional pow
L., kn nAH hui
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-
sist the execution of its laws, the Federal Gov
eminent may, by warrant of the Constitution,
employ armed force In compelling obedience 10
| its authority" Dc
Section establishes the right of trial by jury,
but provides that threefourths of a jury In any
| civil case may find a verdict unless the Legisla
ture by twO.thlrds vote shall require such YER
| diets TO be unanimous. .....,...r
Section requires perfect religious liberation
| and freedom Of conscience No person to be eS.
cluded as witness on account Of religious opin'
| ions. ~ r"...
Section 5 secures the writ of hsbeas corpus
except in cases of rebellion or invasion.
Section prohibits excessive bail, cruel or I'M
usual punishments, etc .-....,
Section requires that all persons accused shall
be bailable. except for capital offenses.
Section 8 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'
dence, in actions for libel by way ofjustifcation
Section 10 establishes the right of the people to
hold public meetings, etc.
Section IL subordinates the military TO the civil
power, prohibits q standing army in time OF peace,
and limits army appropriations In time OF war &c
| two years.
| Section 10 forbids the billeting of soldiers.
Section b. Representation shall be apportioned
according to population.
Section II requires the exemption OF u reasonable
amount of property from execution fer debt, ant
forblds imprisonment for debt, except IN case o.
| fraud, libel or SANDER"
Section Is forbids the passage of any bill of at
tainder, ex post facto law, or law impRirinS the
| obligation of contracts.
| Section IL secures TO foreigners on becoming
bona fide residents, the same property rights ~
pative-6orn citizens.
Section II prohibits slavery.
| Section l5 protects the people against unreas
enable searches and seizures, and restricts the Is
| suing of search warrants
| Section ~ defines treason against the State (ai
| in the United States Constitutlon), and requires
for conviction 1.-The testimony of two witnessed
to the same overt act or confession In open Court
| Section 20 reserves TO the people any and oil
| rights not enumerated
The most considerable change from the ole
Constitution in this Article Ia in the paramount
allegiance" clause of Section 9, which in the ole
| Constitution read thus: " But the paramount al
legiance of every citizen is due TO the Fedora
| Government and no power exists in the people
of this or any other State in the Federal Union II
dissolve their connection Herewith, or perform
| any act tending to impair, subvert or resist TIT
supreme authority of the Government of tht
United States The Constitution of the United
States confers full power on the Federal Govern
ment to maintain and perpotuate its existence
and whensoeyer any portion of the States, or PEG
pie thereof, attempt to secede from the Fedora
Union or forcibly resist the execution Of its laws
the Federal Government may, by warrant Of tn
| 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 prori
ded for in the article on Legislative department
The words libel or Islander" were inserted
in Section Il, relative TO imprisonment for debt
on account of the adoption of stringent provi
Sons for the prevention and puniShmento fduellint
The provision in Section l9, relative TO con
victions of treason, was not contained in the OH
Constitution.
ARTICLE II-RIeHT OF SUFFRAGE.
Section coufers 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 TIT
| State six months, and in the district or county
thirty days next preceding any election 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, shat
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 TIT
| Federal Government, and no idiot or insane per
SON shall be entitled to the privilege of an elector
| o. Section provides that no person shall Dt
deemed 10 have gained or lost residence for the
purpose of voting while in the service OF th'
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 TO united
States soldiers and sailors. No poll tax or regis
tration Is required Of such voters
Section 4 prohibits arrests on civil process Oh
election days.
SECTION s provides that all elections by the peo
pie shall be by ballot, and by the Legislature
|
| uipd rocs b..
Section requires the enactment Of registry
| law. and authorizes the Legislature 10 prescribe
rules or osths az tests of electoral qualification
Section requires the levying OF an annual poi
tax Of from two TO four dollarS, On oil male resi-
dents betw cen the ages Of twenty.on and sixty
wears of age, uncivilized American Irdans ex
cepted, one.hslft to 20 for State and one-han ioi
comfy purposes. The payment OF such tax may
In the discretion of the Legislature, be maze
condition to the right of voting.
Section 6 relates 10 the qualifications OF voter
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 10 prevent the possiolnty o.
reckoning the residence or the voter from INT
time he leaves some other State or county &c
come TO Nevada In the last paragraph OF tht
| section, after idiot or insane" the words oi
di.loyal person. occurred In the old Constitution
These were stricken out on the ground OF vague
ness and uncertainty, and because the precedinE
part Of the proviso was alleged 10 cover th'
ground sufficiently. ,,,,oo
The provision In Section regarding addinona
oaths or tests of electoral qualifications was no
contained at least specifically in the old Con
stitution. There are some other changes IN tnt
Article, but relating mainly to phraSeoiosy ane
arrangement
ARTICLE ut-pIsTRIBUTTos OF POWERS.
This Article IL identical with that OF the ole
NEUTRALITY-SUSPICIOUS. the powers OF the GOV
| -, IL, "a I aoial a tiup EYecutiYe and Juuclh