Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-11-02
CONSTITUTION OF NEVADA.


Nevada, adopted on the seventh day Of Sep
TENDER. 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:
Preceding the Constitution proper Is a resolu.
non adopting the Constitution OF the United
stntes and III ordinance forever prohibiting sla-
very, securing perfect religious liberation, dis.
claiming forever all right and title to unHpprUpr.
ated public lands, which ure left TO the sole dis.
position Of the United States; exempting from
taxation all lands and other property vi the Uni
tel States and declaring that lands of non resi-
dents shall not be taxed higher than lands of citi
zens ofthe proposed state These enactruents are
made In compliance with the terms of the Ena
bling Act and ure declared irrevOcable without
the consent Of the United States and OF the people
Of the Stutr Of Nevada
Inc preamble 10 the Constitution il the same
as that OF the old Constitution 1t reads thus:
We, the people of the State of Nevada, grate.
full to Almighty God for our freedom, in order 10
secure its blessings, insure domestic tranquility
and form IL more Perfect Government, do rstai.
lish this Constitution"
ARTICLE t-DEcLARATIoN OF RIGHTS.
Section declares all Inen by nature free and
equal, possessing cerIan inalicnabe rights ETC.
the language Of the section being merely an am
plihcation OF the Declaration of Independence.
section Asserts that the doctrine of the inhu
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
els, us the same have been or may be defined by
the Supreme Court of the United States und no
power exists in tue people of this or any other
Rt..L
nection Herewith, or perform any act tending TO
impair, su6vrrt or resist the supreme authority
OF the Government Of the United States. The
Con titutiOn OF the United States cOnters full
power on the Federal Government TO maintain
and perpetuate its existence, and whatsoever any
portion of the States, or people thereof, attempt
TO secede from the Federal Union, or furribly re.
slst the execution of its laws the Federal Gov
eminent may, by warrant Of the Constitution,
employ armed force in compelling obedience to
its authority"
Section establishes the right of trial by jury,
but provides that three.tOurths of jury in any
civil case may tiud verdict unless the Lcgisla
Iure by u twO.thirds vote shall require such YER
diets to be unanimous.
section requires perfect religious federation
and freedom OF conscience. No person TO be ex-
cludcd rs IL witness on account OF religious opin-
ions.
SECTION 5 secures the writ OF habeas corpus,
Section prohibits excessive bail, cruel or IN
usual punishments, etc
Section requires that all persons accused shall
BE- baiiablc, except for capital Offenses.
Section 3 prohibits trials for crime except on
preseutment or indictment, and establishes the
usual safeguards as personal aud property rights.
Section secures the freedom Of speech aud OF
the press, and allows the truth TO be given in ev.
idence in actions for libel, by way classification.
Section 10 establishes the right of the people TO
hold public meetings etc.
Section II subordinutcs the military 10 the civil
power, prohibits standing army in time Of peace.
and limits army appropriations i'll time of war to
two years.
Section l2 forbids the billetng Of soldiers.
Section l3. Representation shall be uppUrtioned
according to population.
Section Ii requires the exemption of q reasonable
amount OF property from execution for debt, and
torbidS Imprisonment for debt, except III cuse oil
fraud, libel or Islander"
Section Is forOids the passage Of any bill Of at
tAinder, ex post facto law, or law impairing thu
obligation OF contracts.
Section 10 secures 10 foreigners, on becoming
bona tide residents, tie same property rights as
nutive-born 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 10 defines treason against the State (as
in the United States Coustitu;iOn), and requires
Tor conviction the testimony of two witnesses
TO the same overt act or confession in open Court.
SrctiUn 20 reserves 10 the people any und ali
rights not enumerated.
The most considerable change from the old
Constitution in this Article is in the paramount
.tllrrin =, clause of Section ., which III the oil.
CCu -s.Uu read thus But the paramount al
lrgl,.4..c Of every citizen Is due TO the Fedora.
Government and no power exists i'll the people
vt this or any other State in the Federal Union to
dissolve their connection therrwi. b. or perform
any act tending 10 impair. huOvert or rehlsi the
supreme authority of the Government OF tbs
United States The Constitution of the United
tutrs cuIfrrs full power Un the Federal Govern
mrnt to maintain and perpetuate its existence
and whatsoever any portion OF the States, or PEG
pie thereof, attempt 10 seccde from the Fedora
Union, CT forciby resist the execution Of lis laws
tue Federal Government MAJ. by warrant OF thu
COnStil utiOn employ armed force IN compelling
obedience IN its authority"
Sec,ion IL OF the old Constitution, prohibiting
the Legislature from granting special privileges
etc., was stricken out, as being sufficiently provi
lrd for in the article on Legislative Department.
The words "htrl or SANDER" were Inserted
III Section Ii, relative to Imprisonment for deb:
On account OF tue ndopiou Of stringent PROV
Suns for the prevention and punishment idueilinL
The provision in Section ~. relative to con
victlons OF treason, WAS not contained in the oiu
Constitution.
ARTICLE L-RIGHT OF SUFFRAGE.
Section l coutrrs the right OF suffrage On every
white male citizen of the United .tatrs, twenty
one Years oil age and upwards, who shall hav,
actually aud not coustructively resided in tn,
State six uUhths, and in the district or count!
thirty days next preceding any election = pro
vidrs that no person convicted oftrraSon or feon!
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 shal
usI
States or held civil or military office under the
sO.called Confederate States, or either of them,
unless I'm amnesty be granted 10 such by tn,
Federal Government, and no idiot or insane per
son, rhull be entitled to the privilege OF IN eretor
Section provides that no person shall bt
deeIued TO have gained or lost residence for th
purpose of voting while in the service Of thu
United States, while student IN uny seminary OF
learning, nor while kept in any almshouse, asy.
lum or prison at the public expense.
Section secures the right Of suffrage TO United
States soldiers and sailors. NJ poll tax or regis
trurion Is required of such voters.
Section 1 prohibits urrests on civil process on
election days.
section provides that all elections by the PEG.
pie shall DO by ballot, and by the Legislature
pird poce.
section requires the enactment of a registry
law, and authorizes the Legislature 10 prescribe
rules oaths as tests Of electoral qualification.
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 aud sixt!
years of age, uncvtized American l dians ex-
ceptrd one. half TO 60 for State and one.half for
county purposes. The payment OF such tax may
in the discretion of the Legislature, be made u
condition 10 the right Of voting.
Section relates 10 the gu .lihcations 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 OF
reckoning the residence or the voter from the
time be leaves come other state or county to
come to Nevada. In the last paragraph of tn,
sec ion, after Idiot or insane" the words "or
disloya! 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 6 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 ind
arrangement
ARTICLE III-DIsTRIBUTIoS OF POWERS.
This Article II identical with that of the old
Constitution-dividing the powers Of the Gov.
ernment into Legislative, Executive and Judicial
Departments, each separate and distinct from the
others.
ARTICLE Iv-LEoIsLATIvE DEPARTMENT.
Provides for biennial sessions, TO commence on
the first Monday Of January following the cleo
tion Of members General elections are. to be
held on the Tuesday after the first Monday In
November. Senators hold office for four years
and Assemblymen for two years. The usual
powers of parliamentary bodies are conferred.
IN mpmber NAV hold any Office created during