Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-11-23
coNsT1TuT1oN;oF NEVADA.

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 an 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 irreYocable without
the consent Of the United States and OF the people
of the State of Nevada
The preamble to the Constitution il the same
as that of the old Constitution. II reads thus:
I'VE, 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 a more perfect Government, do estab-
lsh this Constitution
ARTICLE I-DEcLARATIoH OF RIGHTS.
Section declares all men by nature free and
equal, possessing certain inalienable rights, ETC.,
the language Of the section being merely an am
phcatinn 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, 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, OF 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 eonfers full
power on the Federal Government TO maintain
and perpetuate its existence, and whensOever any
portion of the States, or people thereof, attempt
| aIa Enlnp Ir,,tn Les,
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 jury in any
civil case may find verdict unless the Lcgisla
ture by two-thirds vote shall require such ver
diets to be unanimous.
Section4 requires perfect religious liberation
and freedom of conscience. No person to be ex.
cludcd as witness on account of religious opin-
ions.
Section 5 secures the writ Of habeas corpus,
except in cases of rebellion or invasion
, Section prohibits excessive bail, cruel or I'M
usual punishments, etc
Section requires that all persons accused shall
be bailable, except for capital offenses.
Section prohibits trials for crime except on
presentment or indictment. and establishes the
usual safeguards as TO 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 of justification
Section 10 establishes the right of the people to
hold public meetings, etc.
Section ii subordinatcs the military 10 the civil
power, prohibits a standing army in time of peace,
and limits army appropriations in time of war to
two years.
Section IL forbids the billeting of soldiers.
Section b. Representation shall be apportioned
according to population.
Section ii requires the exemption of 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
thinder. ex post facto law, or law imparing the
obligation of contracts.
Section 10 secures to foreigners. on becoming
bona tide residents, the same property rights as
native.bOrn citizens,
Section II prohibits slavery.
Section l6 protects the people against unreas-
enable searches and seizures, and restricts the !s
suing of search warrants.
Section ~ 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 and all
rights not enumerated
The most considerable change from the old
Constitution in this Article Is in the paramount
allegiance" clause Of Section Q, 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 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 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 CT 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 IL 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 Il, relative TO imprisonment for debt,
on account Of the adoption of stringent prori-
sonsfcr the prevention and punishment ofdueiiing
The provision In Section 10, relative to con.
victions of treason, was not contained in the old
Constitution.
ar e. ARTICLE II-RIGHT OF SUFFRAGE.
Section confers the right of suffrage on every
white male citizen of the United states, twenty
one years OF lge and upwards, who shall have
actually and not cOustructively resided i'll 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 10 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 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-
linn nriaOn Mt the public expense,
Section 3 secures the right OF suffrage 10 United
States soldiers and sailors Nc poll tax or regis.
tration IL required Of such voters.
Section prohibits arrests on civil process on
election days.
Section S provides that all elections by the PEG.
pie shall be by ballor, and by the Legislature
uird u0ee.
Section requires the enactment of registry
law and authorizes the Legislature 10 prescribe
rules OF oaths as tests of electoral qualification
Section requires the levying of an annual poll
Tux of from two to four dollars, OH all male resi-
dents between the ages of twenty.one aud sixty
wears of age, uncvlized American I:dians ex.
cepted, 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 q
condition to the right of voting e.
Section relates to the qualifications of voters
on the adoption or rejection Of this Constitution
In Section tie words actually and not con.
structiyely" were not in the old Constitution
reckoning the residence or the voter from the
time he leaves some other State or county to
come to Nevada In the last paragraph of the
section, after idiot or insane" the words or
dsloyal 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 not
contained, at least specifically, in the old Con-
stitution There are some other changes In the
Article, but relating mainly to phraseology and
arrangement ,a..--ss- e. -r--,gs..zs
ARTICLE nI--D1sTRIBUTIoN 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. E.-.
ARTICLE Iy-LEGIsLATIvE DEPARTMENT.
i Provides for biennial sessions 10 commence on
the first Monday Of January following the cleo
tion of members General elections are to be
held on the Tuesday after the first Monday in
November Senators hold Office for four years
and Assemblymen for two years. The usual
powers of parliamentary bodies are conferred.
k.I5- aAoH l,tR;F