Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-12-26
CONSTITUTION OF NEVADA.
coNsT1TUTToNIoF NEVADA.

Inc IOuOWluB 10 d SOLnPiSsS anu SSAA~Ss
abstract of the Constitution of the State Of
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-
venient for reference: . ....-
Preceding the Constitution proper is reSolu.
ton adopting the Constitution OF the United
States and IN ordinance forever prohlDltlng Sia'
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 citi
zens ofthe proposed State. These enactments are
made in compliance with the terms of the Ena'
bling Act and IRE declared irrevOcable without
the consent of the United States and oft the people
of the State Of Nevada
The preamble to the Constitution is the same
MS that of the old Constitution. 1t reads thus:
ave, 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 DECLARATION 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
plitication 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, or perform any act tending to
impair, subvert or resist tho 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 seccde from the Federal Union, or forcibly
sist the execution of its laws, the Federal Gov
eminent may, by vibrant 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 i'll any
civil case may find verdict unless the Legisla.
tuTr by u twO.thirds vote shall require such YER
diets TO be unanimous.
Section requires perfect religious liberation
and freedom Of conscience. No person to be ex-
cuded rs Il witness on account Of religious Opin-
ions.
Section ) 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 bailablc except for capital Offenses
Section prohibits trials for crime except on
presentment or indictment, and establishes the
usual safeguards tOpersonal and property rights
Section secures the freedom of speech and of
sI, in
idence in actions for libel, by :. justification.
Section 10 establishes the right .: the people to
hold public meetings etc.
Section II subOrdinates the military to the civil
power, prohibits u siandingarmy in time Of peace,
and limits army appropriations III time OF war to
two years
Section IL forbids the billetng of soldiers.
Section IL. Representation shall be appOrtiOncd
according to population.
Section IL requires the exemption of a reasonable
amount Of property from execution for debt, and
tOrbids imprisonment for debt, except in case of
| fraud libel or SANDER"
Section Is forbids the passage of any bill of at.
| t,lndcr. eX post factO law, or law impairing the
obligation OF contracts.
Section IL secures TO foreigners on becoming
| bona fide residents, the same property rights as
| native.bOm citizens
Section II prohibits slavery.
| Section ls protects the people against unreas-
| suing of search warrants.
| Section 10 defines treason against the State (as
| in the United States CONSTITUTIONAL and requires
| for conviction 1.-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 ., which i'll the old
Constitution read thus " But the paramount al.
| lrgiancr Of every citizen is due TO the Federal
| Government and no power exists i'll 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 cUnfcTs full power on the Federal Govern
| mrut to mantain and perpetuate its existence,
and whensOdSer any portion Of the States, orpeo-
pie thereof attempt TO secede from the Federal
Union or torcibly resist the execution of its laws,
| the Federal Government may, by warrant OF the
| Constitution, employ armed force in compelling
| obedience Ia its authority
| Section IL Of the old Constitution, prohibiting
| the Legislature from granting special privileges,
ETC was stricken out. us being sufficiently provi-
drd 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 provi-
sions for the prevention and punishment Ofduelling
| lnC provision Ill section II, relhtlNt 10 COH-
victiOns of treason, was not contained In the Old
| Constitution
| ARTICLE U-RIGHT OF SUFFRAGE.
Section cnnfcrs 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 cOnsructivcly resided in the
| State six mohths 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 person who.
after arriving 1T the age of eighteen years shall
have voluntarily borne arms against the United
States or held civil or military Office under the
so-caed 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 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 tho
United States, while a student in any seminary OF
learning, nor while kept in any almshousc asy-
lum or prison ut the public expense.
| Section secures the right of suffrage 10 United
States soldiers and sailors Nc poll tax or regis
| tratiOn IN 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
| rfrd cOCe.
law, and authorizes the Legislature TO prescribe
rules or oaths tests of electoral qualification ,
Section 7 requires the levying of an annual po!l
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 Indians ex-
copied, One.halftO go for State and one-half tor
county purposes. The payment of such tax may,
in the discretion of the Legislature, be made q
condition TO the right of voting.
Section 8 relates to the qualifications otv voters
on the adoption or rejection Of this Constitution
In Section tie words actually and not con-
structivcly" were not in the old Constitution
| They were inserted tn prevent the posslOiIlty Oh
reckoning the residence or the voter from inc
| 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 " or
dislOyal person" occurred in the old Constitution
| These were stricken out OH 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
ouths 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 ana
| arrangement.
| ARTICLE III-DISTRIBUTIoN OF POWERS.
This Article il identical with that Of the old
COnStitution-divdng the powers of the Gov,
ernment into Legislative, Executive and Judicia
Departments, each separate and distinct from tnt