Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-11-26
coNsTrTUT1oNloF NEVADA.

1
Int 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 resolu;
| ton adopting the Constitution of the United
| States and an ordinance forever prohibiting sla-
| very securing perfect religious federation, dis
claiming forever all right and title to nnapproprl
ated public lands which are left TO the Sole ols-
| position of the United States exempting from
fsxRtion 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'
| zens fthe 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 anu oil the people
| of the State of Nevada.
The preamble to the Constitution Is the same
az that of the old Constitution. 1t reads thus:
| 1--WE the people of the State Of Nevada, CRATE
| ful TO Almighty God for our freedom, In order to
secure its blessings insure domestic tranquility
| and form more perfect Government, do estab.
lish this Constitution"
| ARTICLE I-DECLARATIoH OF RIGHTS.
Section declares all men by nature free and
equal possessing certain inalienabe rights, ETC.,
| 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 the paramount allegiance
| Of every citizen is due to the Federal Govern
ment in the exercise of all Its constitutional pow.
| ers, az 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 my other
| state of the Federal Union to dissolve their con-
neetion 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 10 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 three fourths of a jury in any
| civil case may find a verdict unless the Legisla
| ture by twO-thIrds vote shall require such YER
| diets to be unanimous.
| Section requires perfect religious federation
| and freedom of conscience No person 10 be ex.
cluded 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 nm
| usual puniShments, etc
Section 7 requires that all persons accused shall
be bailable except for capital offenses.
! Section prohibits trials for crime except on
preseutment or indictment, and establishes the
usual safeguards as to personal and property rights
| Section secures the freedom Of speech and OF
the preRs and allows the truth to be given in ev-
Idence, in actions for libel by way ofjustihcstion
Section 10 establishes the right Of the people 10
hold public meetings, etc.
Section II subortnates the military to the civil
power, prohibits standing army in time of peace,
and limits army appropriations IN time oil WAT 10
two years.
Section 10 forbds the billeting Of soldiers.
Section Is. Representation shall be apportioned
according TO population.
Section Il requires the exemption ola reasonable
amount of property from execution for debt, and
forbids imprisonment for debt, except In case oil
fraud libel or SANDER"
Section Is forbds the passage Of any bill of at
thnder, ex post factO law, or law impairing inc
| obligation of contracts.
| Section 10 secures 10 foreigners. Oh becoming
bona tide residents, the same property rights ~
native.born citizens.
Section II prohibits slavery.
Section Is protects the people against unreas'
enable searches and seizures, and restricts the IN
suing of search warrants.
Section 10 defines treason against the State las
| in the United States Constitution), and requires
! for conviction " the testimony of two witnesses
TO the same overt act 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: " But the paramount al.
legiance OF every citizen is due 10 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
,f.rp Gull nm Tho H.
munt to maintain and perpetuste It's existence
and whensoever any portion of the States, or PEG.
| pie thereof, attempt TO secede from the Federal
Union or orcibly 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 SANDER" were inserted
In Section IA, relative TO imprisonment for debt
on account Of the adoption of stringent proVi'
sions for the prevention and punishment ofduelling
The provision in Section ~, relative to con
victions of treason was not contained in the old
Constitution.
ARTICLE II-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 the district or county
thirty days next preceding any election; !" pro-
vdes 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, 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 amnesty be granted to such by the
Federal Government, and no idiot or insane per-
son. shall be entitled 10 the privilege of An eector
| 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 a 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 10 United
States soldiers and sailors. No poll tax or regis
traton IN required Of such voters.
Section prohibits arrests on civil process on
election days.
Section 5 provides that all elections by the PEG.
pie shall be by ballot, and by the Legislature
pird p0ce.
Section requires the enactment of registry
law, and authorizes the Legislature TO prescribe
rules or oaihs 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 and sixty
years of age, uncivllized American IrdianS ex'
cepted, one-halfto go for State and one-half for
county purposes. i ne payment vi BULL toA nlny
in the discretion of the Legislature, be made a
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-
struetively" were not in the old Constitution
They were inserted to prevent the possibility OF
reckoning the residence or the voter from the
time he leaves some other State or county 70
come to Nevada In the last paragraph OF tne
section, after idiot or insane, the words or
disloyal person" occurred in the old Conshtution'
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. ,,,.,,,
This provision In Section regarding additional
oaths or tests of electoral qualifications was not
contained, at least specifically, In the old Con-
stitutiou. There are some other changes In the
Article, but relating mainly to phraseolosy and
arrangement
ARTICLE REDISTRIBUTION OF POWERS.
This Article is identical with that OF the old
Notwithstanding the powers OF the Gov;
eminent into Legislative, Executive and judicial
Departments each separate and distinct from the
| others. ...-
| ARTICLE Iv-LEGISLATIYE DEPARTMENT.
Provides for biennial sessions, 10 commence on
the first Monday Of January following the elec-