Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-11-25
coNsr1Tur1oNloF NEVADA.

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 10 Tesoiu,
ton adontinv the Constitution Of the United
States and an ordinance forever prohibiting sla'
very, securing perfect religious tolerauon' ols'
claiming forever all right and title to unapproP1
ated public lands, which are left TO the sole uis
position of the United States; exempting from
taxation all lands and other property OF the Uni
ted States, and declaring that lands OF non'rcsl'
dents shall not be taxed higher than lands OF eit
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 ofthe people
of the State of Nevada
The preamble to the Constitution is the same
as that of the old Constitution 1t 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-
lish this Constitution"
ARTICLE I-DECLARATIoF 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
Section asserts that the doctrine of the inhe-
rent political power Of the people, and their right
10 establish or change their form of Government,
and continues: &C. 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 eonfers full
power on the Federal Government 10 maintain
and perpetuate its existence, and wbensoever an
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 Legla.
ture by atwo'thirds vote shall require such yer.
diets TO be unanimous.
Section requires perfect religious federation
and freedom of conscience. No person to be ex-
cluded as witness on account OF religious Opin-
ions.
except in cases of rebellion or invasion.
Section . prohibits excessive bail cruel or I'M.
usual punlShinents, etc
Section requires that all persons accused shall
be bailable, except for capital ofIenses
Section prohibits trials for crime except on
presentmcnt or indictment, and establishes tho
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 of classification
Section 10 establishes the right of the people to
hold public meetings, etc.
Section IL Subordinatcs the military to the civil
power, prohibits standing army in time of peace,
and limits army appropriations in time Of war ia
two years.
Section 10 forblds tho billeting of soldiers
Section 10. Representation shall DO apportioned
according to population.
Section Il requires the exemption of reasonable
amount of property from execution ier debt, and
forbids imprisonment for debt, except in ease o.
fraud, libel or SANDER"
Section 10 forbidS the passage OF any bill of ut
thnder ex post facto law, or law impairing thu
obligation of contracts.
Section 10 secures 10 foreigners, on becoming
bona fiie residents the same property rights III
native born citizens
Section II prohibits slavery.
Section IL protects the people against unreas
enable searches and seizures, and restricts the IL
! suing of search warrants.
Section 10 defines treason against the State (a
I
for conviction the testimony of two witnessed
TO the same overt act, or confession In open Court.
| Section 20 reserves 70 the people any and nj
rights not enumerated.
The most considerable change from the ole
| Constitution In this Article is in the paramount
allegiance clause of Section ., which in the olI
| Constitution read thus " But the paramount al
lrgiance Of every citizen is due 10 the Fedora
Government and no power exists in the peOpl,
of this or any other State in the Federal Union u
dissolve their connection Herewith. or perform
any net tending 10 impair, subvert or resist thu
supreme authority Of the Government of tht
| United States. The Constitution of the United
| States confers full power on the Federal Govern
| ment to maintain and perpetuate lis existence
| and whensoever any portion Of the States, or PEG
| pie thereof attempt TO secede from the Fedora
Union, forcibly resist the execution Of Its laws
| the Federal Government may, by warrant of thu
| 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 prori
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 prori
sionsfor the prevention and punishment Ofduellin(
The provision in Section ~, relative TO con
victions Of treason, was not contained in the oil
| Constitution.
ARTICLE II-RIGHT OF SUFFRAGE
Section confers the right of suffrage on ever!
white male citizen Of the United States, twenty
one years of age and upwards, who shall hav
actually and not constructively resided in III
State six months, and in the district or count.
thirty days next preceding any election = pro
vidcs that person convicted oftreason or felon.
| in any State or Territory of the United States
unless restored to civil rights, and no person who
afr arriving at the age of eighteen years shal
| have voluntarily borne arms against the Unite
States or held civil or military office under thu
so-called Confederate States, or either Of them
unless I'm amnesty be granted 10 such by tn
| Federal Government, and no idiot or insane per
son. shall be entitled to the privilege Of an electoI
Section Q provides that no person shall b
deemed TO have gained or lost residence for tn
purpose Of voting while In the service OF tn
United States, while student in any seminary o
learning, nor while kept In any almshouse, asy
lum or prison at the public expense.
Section secures the right of suffrage 10 Unite
States soldiers and sailors. No poll tax or regis
tration IN required Of such voters.
Section prohibits arrests on civil process oil
election days
Section 5 provides that all elections by the PEG
pie shall be by ballot, and by the Legislator
| rird u0ce.
Section requires the enactment of a registr,
| law, and authorizes the Legislature TO prescrib
Etlltb OF OdILs hs IeStS OF electOTal QuhncAIlOl.
| Section requires the levying of an annual pol
tax Of from two to four dollars, OH all male resi-
| dents between the ages of twenty-one and sixt,
| years of age, uncivilzed American IrdiAns ex
cepted, one-halfto go for State and one-half TO
county purposes The payment of such tax may
| in the discretion of the Legislature b. made
condition TO the right of voting.
Section relates to the qualifications of voter
on the adoption or rejection of this Constitution
In Section tie words actually and not con
structiyely" were not In the old Constitution
They were inserted to prevent the possibility o
| reckoning the residence or the voter from the
time he leaves some other Stnte or county tC
| come to Nevada In the last paragraph Of the
| section, after 50 idiot or insane" the words " Of
disloya 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 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.
ARTICLE HI-DIsTRIBUTIoN OF POWERS.
This Article IL identical with that of the old
Constitution-dividing the powers of the Gov.
eminent into Legislative, Executive and Judicial
Departments, each separate and distinct from the
others. .-
ARTICLE Iv-LEGISLATIYE DEPARTMENT.
proyideS for biennial sessions, to commence on