Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-10-17
CONSTITUTION OF NEVADA.

abstract OF the Constitution of the State Of
Nevada, adopted on the seventh day Of Sep
tember. 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:
Preceding the Constitution proper is resolu.
tlon adopting the 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
pOsiti ion Of the United States exempting from
taxation all lands and other properly of the Uni
ted States, and declaring that lands of non'resi-
dents shall not be taxed higher than lands Of cti-
Zens the proposed State. These enactments are
made In compliance with the terms Of the EnR-
bling Act and nre declared irrevocable without
the consent of the United States and ofthe people
of the State of Nevada
The preamble TO the Constitution il the same
as that of the old Constitution 1t reads thus
"W 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 EI-DECLARaTIoE 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
pliication of the Declaration Of Independence,
Section , asserts that the doctrine of the lnhe-
rent political power of tho 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-
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 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, forcibly re-
sist the execution of Its laws the Federal Gov
ernmPnt may, By warrant of the Constitution,
employ armed fore. in compelling obedience TO
| its authority
Section estart'. The right of trial by jury,
but provides that ree.fourths of jury in any
civil case may tilG verdict unless the Legisla
ture by II twO-third5 vote shall require such YER
diets 10 be unanimous, ~
Section requires perfect religious liberation
and freedom Of conscience. No person to be ex-
cluded as q witness on account of religious Opn-
ions.
Section 5 secures the writ of hnbeas corpus,
III.
Section prohibits excessive bail, cruel or un.
| usual punishments, etc
Section requires that all persons accused shall
be bailable, except for capital Offenses.
Section Sprohibits trials for crime except on
presentment or Indictment and establishes the
usual safeguards astO 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 justification.
Section 10 establishes the right of the people TO
hold public meetings, etc.
Section IL subordnates the military TO the civil
power, prohibits a standing army in time Of peace,
and limits army appropriations in time Of war to
| two years.
Section ~ forbds the bllleting of soldiers.
Section u. Representation shall be spportioned
according TO population.
Section II requires the exemption OF reasonable
amount Of property from execution fer debt and
forbids imprisonment for debt except in case Of
| fraud, libel or SANDER.
Section 10 forbds the passage of any bill of at
tAinder, ex post facto law, or law impaTing the
| obligation OF contracts.
Section IL secures 10 foreigners, on becoming
bona fide residents, the same property rights AZ
native.born citizens.
Section II prohibits slavery.
Section IL protects the people against unreas'
enable searches and seizures, nnd restricts the s'
suing of search warrants.
Section 10 defines treason against the State Gas
| in the United States Constltution), and requires
for conviction the testimony of two 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 rhe 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 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 confers full power on the Federal Govern
ment TO maintain and perpetuate Its existence,
and whensOever any portion Of the States, or peo:
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 10 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 II, relative 10 imprisonment for debt,
| on account Of the adoption of stringent proyi.
sions for the prevention aud punishment ofdueling
The provision in Section 10, relative to con-
victions of treason. was not contained In the old
Constitution.
ARTICLE u-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 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
,,.tlT ntHan rraAa
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 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 all elections by the peo
pie shall be by ballot, and by the Legislature
Uird p0ce.
Section requires the enactment of a registry
law, and authorizes the Legislature TO prescribe
rules or oaths 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 K1ty
years Of age, uncivilized American I=dlans ex-
cepted, one-halfto go for State and one,haif for
county purposes. The payment Of such tax may,
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 tne
time he leaves some other State or county TO
come to Nevada In the last paragraph OF the
section, sitter idiot or insane" the words OF
disloyal person occurred in the old Constitution.
These were stricf en 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 regarding additional
oaths or tests Of electoral quahncahons VIZ no'
contained, at least specifically, in the old Con-
stitution. There are some other changes In the
Article, but relating mainly to phraseology and