Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-12-03
CONSTITUTION OF NEVADA.
coNsTITUTIoN.oF NEVADA.

abstract OF the Constitution OF tne otate ol
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: .. f. #-'& 81
Preceding the Constitution proper is a resolu:
ton adopting the Constitution of the United
States and IN ordinance forever prohibiting sla
very, securing perfect religions 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 nonresl.
dents shall not be tuxed higher than lands of cltl-
zens 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 tho people
of the State of Nevada 3d..
The preamble to the Constitution Is the same
as that OF the old Constitution. It. 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 q more perfect Government, do estab-
lish this Constitution"
ARTICLE I-DEcLARATIoN OF RIGHTS.
Section declares all men by nature free and
the language Of the section being merely an am.
plifcation of the Declaration of Independence.
Section asserts that the doctrine of the ihhe-
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
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-
necton 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 to
its authority"
Section establishes the right of trial by jury,
but provides that threefourths Of jury in any
civil case may find verdict unless the Legisla
ture by two-thirds vote shall require such YER
diets to be unanimous.
Section 4 requires perfect religious federation
and freedom of conscience. No person TO be ex.
cluded as a witness on account Of religious opin-
ions.
Section secures the writ of habeas corpus,
except In cases of rebellion or invasion.
Section prohibits excessive bail, cruel or lin-
usual punishments etc
Section requires that all persons accused shall
be baiable, except for capital oifenses
| Section prohibits trials for crime except on
presentment or indictment, and establishes the
usual safeguards as 10 personal and property rights
Section secures the freedom of speech and Of
the press and allows the truth to be given In ev.
idence, in actions for libel by way Ofjustihcation
Section 10 establishes the right Of the people to
| hold public meetings, etc.
Section IL subordinates the military to the civil
power, prohibits standing rmy in time of peace,
and limits army appropriations in time OF war to
| two years.
Section 10 forbids the billeting of soldiers.
Section l3. Representation shall be apportioned
according TO population.
| Section IA requires the exemption off 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
| tAinder eX post facto law, or law imparing the
| obligation of contracts
| Section Ii secures to foreigners, on becoming
| bona fide residents, the same property rights as
nRtivebor citizens
Section II prohibits slavery.
Section ls protects the people against unreas-
enable searches and seizures and restricts the is
suing of search warrants
Section l9 defines treason against the State (as
| 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 ana all
| rights not enumerated.
The most considerable change from the old
| Constitution in this Article il in the paramount
| allegiance" clause of Section 9, 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
| ,hi thnrG tata in a Union
| dissolve their connection Herewith, or perform
| sny act tending TO impair subvert or resist the
| supreme authority of the Government OF the
| United StRtes The Constitution OF the United
| States confers full power on the Federal Govern
ment TO maintain and perpetuate It's existence,
and whatsoever any portion of the States, orp PEG,
| 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 prori.
| ded for in the article on Legislative Department
The words Libel or Islander" were inserted
in Section IA, relative to imprisonment for debt,
| on account of the adoption Of stringent proyi'
sions for the prevention and punishment ofduelling
| The provision in Section l9, relative to con-
victions of treason, was not contained In the old
| Constitution
ARTICLEu-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 nave
actually and not constructively resided In the
| State six months, and in the district or county
thirty days next preceding any election ); pro-
yides 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 shai!
have voluntarily borne arms against the United
| States or held civil military office under the
so-caled Confederate States or either of them,
unless an amnesty be granted to such oy the
| Federal Government and no idiot or insane per-
SON. shall be entitled TO the privilege OF an eIeetor
| Section provides that no person shall De
deemed TO have gained or lost residence ior tne
purpose of voting while in the service OF tne
| United States, while student in any seminary OF
learning nor while kept in any almshonse' Ssy'
| lum or prison ut the public expense.
Section secures the right Of suffrage 10 United
| States soldiers and sailors Nc poll TAX OF rebS
tration il required of such voters.
Section prohibits arrests on civil process Oh
election days. ,,ao.
Section S provides that all elections by the pee,
pie shall be by ballot, and by the Legislature
piu6 uoee. z - o." u,,,-,,
Section requires the enactment of regisuy
| law and authorizes the Legislature TO prescIioe
rules or oaths as tests Of electoral qualincauon.
Section requires the levying Of an annual poh
tax of from two to four dollars, on all male resi-
dents betwee the ages Of twenty. one and sixty
wears of age, unciviliZed American I.dians eA.
cepted, one.hslfto go for State and one.halI Ior
county purposes. The payment Of such tak may,
| in the discretion of the Legislature, be msde
condition TO the right ofvotng. ,.,
| Is Sections relates 10 the qualifications OF Vo,eIS
on the adoption or rejection Of this Consti,ution'
In Section tie words actually and moi CON
structiyely" were not In the old Conslltut !, -
They were inserted to prevent the possiolnty u
reckoning the residence or the voter nom tae
time he leaves some other State or county 10 70
| come TO Nevada In the last paragraph Oh tns
| SsctIon. after idiot or insane" the WORDS VI
disloyal person" occurred in the old Csnsututlon'
\ These were stricken out on the ground OF NHsu
ness and uncertainty, and because the precedipSs
mart of the proyiso was alleged TO cover Inc
The nroysjon In Section regarding additional
oaths or tests of electoral qualifications was not
contained at least specifically, In the Ola oy ON
Stitutiop. There are some other changes IN .ns
Article, but relating mainly to phraseoio8S anu
arrangement I.'.
ARTICLE nI-DIsTRIBUTIoN OF POWERS
This Article Is identical with that OF me e ola
NEUTRALITY-SUSPICIOUS. the powers OF 'Ie ~