Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-12-13
CONSTITUTION OF NEVADA.
CoNsTITUTIoNioF NEVADA.

abstract OF the CONSTITUTION Vi tne otaIe Vi
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-
yenient for reference:
Preceding the Constitution proper is a 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 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 the Uni
ted States, and declaring that lands Of non-resi-
dents shall not be taxed higher than lands of citl-
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
az 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-
lish this Constitution"
ARTICLE I-DECLARATIoS OF RIGHTS.
Section declares all men by nature free and
equal, possessing certain nalenable 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, anu ther right
10 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
nection 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 conters full
power on the Federal Government TO maintain
and perpetuate its existence, and whatsoever any
portion of the States or people thereof, attempt
TO seccde 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
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 ex.
cuded 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 ball. cruel or I'M
usual punishments etc
Section requires that all persons accused shall
be bailable, except for capital Offenscs.
Section prohibits trials for crime except OH
presentment or indictment, and establishes the
usual safeguards as TO personal and property rights
Section 9 secures the freedom of speech and of
the press, and allows the truth TO be given in eV'
,, Co.. sl,al ht .nfi tlsiA
Section 10 establishes the right Of the people TO
hold public meetings, etc.
Section II subordinates the military to the civil
power, prohibits standing army In time OF peace,
and limits army appropriations in time of war TO
two years
Section IL forbids the bileting of soldiers
Section -. Representation shall be apportioned
according TO population.
Section ID requires the exemption OF reasonable
amount of property from execution fer debt, and
forhds imprisonment for debt, except in case OF
fraud, libel or Islander"
Section Is forbids the passage of any bill Of at
tsinder, eX post facto law, or law impairlnS the
obligation of contracts.
Section 10 secures TO foreigners, on becoming
bona tide residents, the same property rights rs
ustive-born citiZenS
Section II prohibits slavery.
Section IL protects the people against unreas
enable searches and seizures, and restricts the H.
suing OF search warrants.
Section 10 defines treason against the State (as
in the United States Constitution), and requires
for conviction the testimony of tIYo witnesses
10 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 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 TO
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 confers full power on the Federal Govern
ment to maintain and perpetuate its existence,
and whensOeyer any portibu of the states, or peo
pie thereof, attempt to Secede from the Federal
Union, forcbly resist the execution of its laws,
thr 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 rs being sufficiently provi
ded for In the article on Legislative Department.
The words libel or SANDER" were inserted
in Section II, relative to Imprisonment for debt
on account Of the adoption of stringent prov-
sionSfor the prevention punishment ofdnelling
The provision in Section l9, relative TO con.
vctions 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 constructivcly resided in the
State six months, and in the district or county
thirty days next preceding any election pro-
vides that no person convicted OftreaSOn or felony
In any State or Territory of the United States,
unless restored TO civil rights, md no person who,
after arriving at the age of eighteen years, shall
have voluntarily borne arms against the United
States OF 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 elecor
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 oil elections by the peo-
pie shall be by ballot, and by the Legislature
uird pOce.
Section 6 requires the enactment of registry
law, and authorizes the Legislature TO prescribe
rules or Oaths az tests of electoral qualification
Section requires the lerying 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, uncivilized American |. dams e1-
cepted, one-halfto go for State aud one-half for
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 OF
reckoning the residence or the voter from the
time he leaves some other state or county 10
come to Nevada. In the last paragraph OF the
section, after Idiot or insane" the words OF
disloya person" occurred In the old Censtitution.
These were stricken ont on the ground OF vague
ness and uncertainty, and because the preceding
part of the proYlso was alleged to cover the
ground sufficiently.
The provision in Section regarding additional
oaths or tests of electoral qualifications was not
Contained Mt least specifically, in the old Con-
stitution, There are some other changes In the
Article, but relating mainly to phraseoogy ana
arrangement
ARTICLE III-DIsTRIBuTIoS OF POWERS.
This Article il identical with that Of the old
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