Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-12-27
CONSTITUTION OF NEVADA,
OBSERVATION-DISCLOSURES NEVADA.


abstract of the Constitution of the State OF
Nevada, adopted on the seventh day of Sep
TENDER. 1t is greatly condensed, occupying
but a 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-
ton adopting tho Constitution of the United
States and an ordinance forever prohibiting sla-
very, securing perfect religious liberation, dis
claiming forever all right and title to unappropri-
ated public lands which are left to the sole dis
position of the United States; exempting from
taxation all lands and other property of che Uni
ted States, and declaring that lands of non.resi-
dents shall not be taxed higher than lands Of citi
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 the people
of the State Of Nevada
The preamble to the Constitution is the same
rs that of the old Constitution. 1t 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 IL more perfect Government, do estab-
lish this Constitution"
ARTICLE I-DECLARATIoN OF RIGHTS
Section l declares all men by nature free and
equal possessing certain inalenable rights ETC.,
the language of the section being merely an am
| plihCation 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: q But the paramount allegiance
| of every citizen is due to the Federal Govern
mcnt, in the exercise Ofall its constitutional pow.
| eTs, 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 10 dissolve their con-
nection Herewith, or perform any act tending to
| impair subyert 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
10 seccdc 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"
Section establishes the right of trial by jury,
but provides that three-fourths of jury in any
civil case may find n verdict unless the Legisla.
| turc by two-thirds vote shall require such ver-
diets to be unanimous.
Section requires perfect religious federation
and freedom of conscience No person TO be ex-
cludcd as witness on account of religious opin-
| ions.
Section 5 secures the writ of habeas corpus,
except in cases of rebellion or invasion.
Section 6 prohibits excessive bail, cruel or I'M
usual punishments, etc
Section requires that all persons accused shall
| be bailable, except for capital Ohenses.
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-
| II r.
| Section 10 establishes the right of the people TO
hold public meetings, etc.
| Section IL sulOrdinates the military to the civil
power, prohibits n standing army in time of peace,
and limits army appropriations in time of war to
| two years.
Section l2 forbids the billeting of soldiers
| Section H. Representation shall be apportioned
! according to population.
Section Ii requires the exemption ola reasonable
| amount Of property from execution for debt, and
| forbidS Imprisonment for debt except in case of
| fraud libel or SANDER
Section Is fOrbids the passage of any bill of at
taindcr. ex post facto law, or law impairing the
| obligation of contracts.
Section Ii secures TO foreigners, on becoming
bona tide residents, the same property rights ~
native'born citizens.
| Section II prohibits slavery.
Section IL protects the people against unreas-
enable searches and seizures, and restricts the is
suing OF search warrants.
Section ~ defines treason against the State (as
in the United States Consttution), and requires
| for conviction " the testimony of two witnesses
to the same Overtac 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 i'll 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 the Federal Union "a
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 perpetuate its existence
| and whensoeyer any portion OF the States, orpeo
pie thereof, attempt to secede from the Federal
Union, or fOrcby 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 H. relative to imprisonment for debt
on account of the adoption of stringent provi
siOns for the prevention and punishment fdueling
The provision in Section ~, relative to con
vctions of treason, was not contained i'll the old
Constitution.
ARTICLEII-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 months, and in tho district or county
thirty days next preceding any election pro-
ydes that no person convicted Oftreason or felony
in any State or Territory of the United States
-,,rhN nTrbn
after arriving ut 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, 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 elector
Section 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 at the public expense
Section secures the right of suffrage TO United
States soldiers and sailors. No poll tax or regis
traton Is required of such voters
Section prohibits arrests on civil process on
election days.
Section provides that all elections by the peo
pie shall be by ballot, and by the Legislature
uiud uOce.
Section 6 requires the enactment of a regiHtry
law, and authorizes the Legislature to prescribe
rules or oaths az tests of electoral qualification
Section requires the levying ola 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, uncivilized American lEdans ex
cepted, one-halft to go for State and one-half ioi
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 OF voters
on the adoption or rejection of this Constitution
In Section tie words actually and not con
structively" were not in the old Constitution
They were inserted to prevent the possibility o.
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
section, after idiot or insane" the words " oil
dsloyal 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 TIT
ground sufficiently.
The provision in Section regarding additiona
oaths or tests of electoral qualifications was no
contained, at least specifically, in the old Con
StitutiOn. There are some other changes In tn,
Article, but relating mainly to phraseology ant
arrangement .............F
ARTICLE UI-DISTRIDUTIoN OF POWERS.
This Article ia identical with that of the OLE
Constitution-dividiug the powers Of the Gov
ernment into Legislative Executive and Judicia
Departments, each separate and distinct from thu