Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-12-23
CONSTITUTION OF NEVADA.
coNsTITUTIoNfoF NEVADA.

L
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 the Constitution of the United
States and IN ordinance forever prohibiting sla-
very, securing perfect religious 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 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 irrevocable without
the consent of the United States and of the people
of the State of Nevada.
The preamble TO the Constitution is the same
as that of the old Constitution. 1t reads thus:
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 estab-
fish this Constitution"
ARTICLE I-DECLARATIoN OF RIGHTS.
Section l declares nll men by nature free and
equal possessing certain ualienablc 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, rs 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, or perform any act tending 10
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
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 3 establishes the right of trial by Jury,
but provides that three-fourths of jury in any
civil case may find verdict unless the Legisla
turu bv tYO-thrds vote shall require such YER
diets 10 be unanimous.
Section requires perfect religious liberation
and freedom of conscience. No person to be ex
cludcd US II witness on account of religious Opin-
ions.
Section ) secures the writ of habeas corpus
except in eases OF rebellion or invasion
Section prohibits excessive bail, cruel or un-
usual punshments, etc
Section requires that all persons accused shall
be bailablc except for capital OfcnseS.
Section s prohibits trials for crime except on
prescuIment or indictment, and establishes the
usual safeguards personal ana properly rlghtS;
Section > secures the freedom of speech and OF
the press, and allows the truth 10 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 subOrdinatcs the military TO the civil
power, prohibits q standingarny in time of peace,
and limits army appropriations in time of war to
two years.
Section ~ forbids the bietng of soldiers.
Section -. Representation shall he nppOrtioned
according 10 population.
Section II requires the exemption of n reasonable
amount Of property from execution tor debt and
forbds Imprisonment for debt, except in case of
fraud, libel or SANDER
Section ID fOrbids the passage of any bill OF at
thinder, cx post facto law, ar law imparing the
obligation of contracts.
Section IL secures 10 foreigners, on becoming
bona iide residents. the same property rights ~
native-bOrn citizens
Section II prohibits slavery.
Section Is protects the people against unrcas
enable searches and seizures, and restricts the Is
suing of search warrants.
Section ~ 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. 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 is in the paramount
| allegiance" clause Of Section ., which in the old
| Constitution read thus " But the paramount al:
| legiancc of every citizen is due 10 the Federal
Government; and no power exists III the people
OF this or any other State in the Federal Union 10
| dissolve their connection Herewith, or perform
any act tending 10 impair, subvert or resist the
supreme authority of the Government Of the
| United States. The Constitution of the United
| States cOnfrrS full power on the Federal Govern
mrnt to maintain and perpetuatc its existence
and whcnsoever any portion OF the States, orpeo
| pie thereof attempt to secedc from the Federal
| Union Gr futibly resist the execution ofits laws
! the Federal Government may, by warrant OF The
! Constitution. employ armed force in compelling
! obedience 10 its authority
Section IL OF the old Constitution, prohibiting
| the Legislature from granting special privileges
etc. was stricken ont, as being sufficiently Prov
\ drd for in the article on Legislative Department
The words libel ar SANDER" were inserted
! in Section II, relative 10 Imprisonment for debt
on account of the adoption Of stringent prov
! Sionsfor the prevention ndpunshment otdnellinG
The provision in Section ~, relative TO con
victionS of treason, WAS not contained in the old
| Constitution
| CLEII-RIGHT OF SUFFRAGE.
Section l coniers the right of suffrage on every
white male citizen Of the United states, twenty
one years of age and upwards "Hho shall have
actually and not canstrurtycly resided in thu
State six mohihs, and in the distric; or county
| thirty days next preceding any election pro-
yides that no person convicted OftTeaSOn or felony
| in any State or Territory of the United States
unless restored to civil rights, and no person who
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 IN 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 . provides that no person shall bt
| 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 almshousc, 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
| tratiOn Is required of such voters.
Section prohibits arrests on civil process on
| election days.
Section provides that NIL elections by the peO
pie shall be by ballot, and by the Legislature
Uird e0ce
Section requires the enactment of Il registry
law, and authorizes the Legislature to prescribe
!
rules or oaths ms tests of electoral qualification.
Section requires the levying of an annual poll
tax of from two to four dollars, on nll male resi-
dents between the ages Of twenty.One and sixty
years of age, uncivilized American 1rdians ex'
ccpted, one-halfto go for State and one.half for
county purposes. The payment of such tax may,
in the discretion of the Legislature, be made Il
condition 10 the right of voting
Section relates TO the qualifications ofYoters
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 Of
reckoning the residence or the voter from the
time he leaves some other state or county Ia
come TO Nevada In the last paragraph of the
section, after Idiot or insane" the words :" oil
disloyal 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 moi
contained, at least specifically, in the old Con
stituton. There are some other changes in the
Article, but relating mainly to phraseOlogy and
arrangement
ARTICLE DEMONSTRATIONS OF POWERS.