Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-12-10
CONSTITUTION OF NEVADA. .
coNsTITUTIoNloF NEVADA.


Nevada, adopted on the seventh day OF Sep
TENDER. 1t is greatly condensed, occupying
but fraction of the room required fortns
publication of the whole document, but will
be found equally useful and far more con-
venient for reference: Dr..
Preceding the Constitution proper Is resoln,
ton adopting the Constitution OF the unlteu
States and an ordinance forever prohibiting aa'
very, securing perfect religious federation, uls
claiming forever all right and title to nnapproPfi-
ntcd public lands, which arc left to the sole dls
position Of The United States exempting rom
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 cii
Lens ofthe proposed State. These enactments are
made in compliance with the terms of the Ena
bling Act, and are declared irrevocable without
the consent of the United States and Of the people
of the State of Nevada
The preamble the Constitution Ia the same
as that of the old Constitution. 1t reads thus:
1--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 esta6-
lsh this Constitution" ..r .r..
ARTICLE I-DECLARATIoN OF RIGHTS.
Section declares all men by nature free and
the language of the section being merely an AM.
plifcaton Of the Declaration of Independence
Section , asserts that the doueftne of the inhe-
rent political power of the people, and their right
to establish or change their FERN of Government
and continues: e But the paramount allegiance
Of every citizen Is due TO the FeknGal Govern
ment, in tho exercise of all its cOnsGSEdonal 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, ~ 1srfarm any act tending TO
impair, subvert OF re1fl the supreme authority
of the Government 0f =. United States. The
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 forclbly 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"
Section establishes the right of trial by jury,
but provides that three.fourths of jury in any
civil case may find a verdict unless the LegislH.
ture by two-thirds vote shall require such YER
diets to be unanimous.
Section requires perfect religious federation
and freedom of conscience. No person to be cX.
cluded as witness on account Of religious Opin.
ions.
Section ) secures the writ of habeas corpus,
except in cases of rebellion or Invasion
Section 6 prohibits excessive bail, cruel or I'M
usual punshments, etc
Section requires that all persons accused shall
be bailable except for capital offenses.
Section prohibits trials for crime except on
presentment or indictment, and establishes the
usual safeguards to personal and property rights.
Section secures the freedom OF speech and OF
the press, and allows the truth TO be given in ev.
idencc 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 10 the civil
power, prohibits IL standing army III time Of peace,
and limits army appropriations In time of war to
two years
Section 70 forbids the bileting of soldiers
Section IL. Representation shall be apportioned
according TO population.
Section II requires the exemption of reasonable
amount of property from execution for debt, and
forbds imprisonment for debt, except in raSc 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 l6 secures TO foreigners, on becoming
bona tdc residents, the same property rights ~
naiive.born citizens.
Section II prohibits slavery.
Section l5 protects the people against unrcaS
enable searches and seizures, and restricts the Is
suing of search warrants
Section ~ defines treason against the State (as
in the United States Constitution, and require.
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: d" But the paramount al.
leglance of every citizen is due to the Federal
Government; and no power exists In the people
of this or any other State in the Federal Union to
dissolve their connection 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 Govern
ment to maintain and perpetunte its existence,
and whensoevcr any portion Of the States, orpeo,
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 II 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 Islander" were inserted
in Section IA, relative 10 imprisonment for debt,
on account of the adoption of stringent prori
sions for the prevention and punishment ofdueng
The provision in Section 10, relative to cou
victiOns Of treason, was not contained in the old
Constitution.
ARTICLE II-RIGHT OF SUFFRAGE.
Section cOnfers the right of suffrage oil every
white male citizen of the United States, twenty
one years of age and upwards, who shall have
actually and not cOnstructipely resided In tht
State six months, and in the district or county
thirty days next preceding any election pro
yides 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, sha
have voluntarily borne arms against the United
States or held civil or military Office under the
so-called 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 IN elector
Section Q 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 a student IN any seminary Of
learning, nor while kept in any almshouse, asy-
lum or prison at the public expense.
Section 3 secures the right OF suffrage 10 United
States soldiers and sailors. No poll tax or regis.
tratiOn Is required Of such voters
Section prohibits arrests on civil process on
election days.
Section 5 provides that nil elections by the PEG.
pie shall be by ballot, and by the Legislature
Uird uoce. .r'gY'r."
Section 6 requires the enactment OF registry
law, and authorizes the Legislature to prescribe
rules or oaths rs tests Of electoral qualification
Section requires the levying of an annual poll
tax of from two to four dollars, on all male resi-.
dunts between the ages of twenty -one and sixty
years Of age, unciyilized American udanE ex.
cepted onc-halfto go for State and one-half for
county purposes The payment of such tax may,
In the discretion of the Legislature, be made u
condition TO the right of voting. ry,r
Section & relates to the qualifications of voters
on the adoption or rejection Of this institution.
In Section tie words actually and not con-
structively" were not in the old Constitution
They were inserted to prevent the possibility Of
reckoning the residence, or the voter fom the
time he leaves some other state or county to
come to Nevada In the last paragraph of the
section, after "a idiot or insane, u the words or
disloyal person" occurred in the old Constitution
These were stricken out on the ground of vague
ness and uncertainty, and becsuse the preceding
part of the provisO was alleged to cover the
ground sufficiently.
The provision in Section regarding additional
oaths or tests of electoral qualifications was not
contained, ut least specifically, in the old Con.
stitutfon. There are some other changes IN tfe
Article, but relating mainly to phraseology and
arrangement. "'"
ARTICLE uI-DISTRIBUTIoE Of POWERS.
This Article ia identical with that of the old