Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-10-06
CONSTITUTION OF NEVADA.


Nevada, adopted on the seventh day Of Sep
tember. 1t is greatly condensed, occupying
but a fraction Of the room required for tht
publication Of the whole document, but vii
be found equally useful and far more con-
venient for reference: tnE }
Preceding the Constitution proper is a resolu
| tion adopting the Consultation Of the enlteo
States and an ordinance forever prohibiting Csla
very securing perfect religious toleration, dis
claiming forever all right md title to unappropri
ated public lands, which are left to the sole dis
! position Of the United States r sxsmptng 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 cii
zens ofthe proposed state. These enactments are
made in compliance with the terms OF the Ina,
bling Act, and are declared irrey yocable withoui
the consent of the United States and Of the people
of the State Of Nevada -' '.s'-, ...
The preamble to the Constitution is the same
as 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 estaD'
lish this Constitution" "
ARTICLE EI-DEcLARArIoE OF RIGHTS.
Section declares all men by nature free and
equal possessing certain inallepable rights, ETC.,
the language Of the section being merely an am
plihcation of the Declaration Of Independence.
section asserts that the doctrine Of the inhe-
rent political power ofthe people, and their 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 allits 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 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 Government TO maintain
and perpetuate its existence, and whensoever any
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!
ernment may, by warrant of the Constitution,
employ armed force in compelling obedience to
its authority" .-.. -. --7-.-
Section establishes the right of trial by jury,
but provides that thres.fourths of a Jury in any
civil case may find a verdict unless the LegiSa
ture by twOthirds vote shall require such yer.
diets 10 be unanimous.
Section 4 requires perfect religious federation
and freedom of conscience. No person to be ex.
cluded as a witness on account Of religious opin-
ions. .rrn . .--7
Section ) secures the writ Of habeas corpus,
except in cases Of rebellion or invasion. .
Section prohibits excessive bail, cruel or un-
usual punlshments 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 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 ofjustidcation.
Section 10 establishes the right of the people to
hold public meetings. etc.
Section IL 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. ..g g.
Section 10 forbids the billeting Of soldierS
Section l3 Representation shall be Rpportioned
according TO population. %
Section II requires the exemption of a reasonable
amount of property from execution ter debt and
torbids 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 impairinS the
obligation Of contracts ''. ~. ..l
Section l6 secures TO foreigners, on becoming
bona hde residents, the same property rights a.
native:born citiLena ~.
Section IL prohibits slavery. 80. f7'
Section ls protects tho people against unreas.
enable searches and seizures and restricts the Is.
suing OF search warrants. .,i..a
Section 10 defines treason against the State las
In the United States Constitutlon), and requires
for conviction +" the testimony Of two witnesses
TO the same overtaet or confession in open Court.
Section 20 reserves to tho people any and all
rights not enumerated. .... b.
The most considerable change from the old
Constitution in this Article is In the " paramount
allegiance clause Of Section 9 which In the old
Constitution read thus But the paramount al.
legiance OF every citizen Is dus 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, OF perform
any act tending to. 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, orpeo.
pie thereof, attempt 10 secedc from the Federal
Union, forciby reHist tho execution Of its laws,
the Federal Government may, by warrant Of tho
Constitution employ armed force in compelling
obedience to its authority" .-H e. .....-
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 slander u were inserted
In Section II, relative to imprisonment for debt
on account Of the adoption Of stringent provi.
SiOnsfor the prevention and punishment ofduelling
The provision In Section 10, relative to con-
yictions 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 Rge and upwards, "whO shall have
actually and not constructively resided In the
State six mohths and in the district or county
thirty days next preceding any election j 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 at the age of eighteen years, shall
have voluntarily borne arms against the United
States or held civil or military Office under the
so,caled Confederate States, or either of them,
unless an amnesty be granted to such by the
Federal Government, and no Idiot or insane per
SON. shaIl be entitled 10 the privilege an elector
Section provides that no purson shall be
deemed to have gained or lost residence for the
purpose of voting while in the service of the
United States, while a student In any seminary Of
learning, nor while kept in any sImshouse, asy.
lum or prison at the public expense. u s-C
Section secures the right Of suffrage TO United
States soldiers and sailors No poll tax or regis.
tra,ion is required Of such voters .. s. .as
Section 4 prohibits arrests on civil process on
election days. r., TGz
section S provides that all elections by the peo-
pie shall be by, ballot, and BY the Legislature
ripd rocE .I - o.. ErEllL
SECTION 6 requires the enactnunt of a registry
law, and authorizes the Legislature TO prescribe
rules or oaths as tests Of electoral qualification.
Section requires hsleyyihg ofan annual poll
tax of from two to four dollars, on oil mas resi-.
dents between the ages Of twenty-one and sixty
wears Of age, uncivilized American I:dans ex-
cepted, one half TO 60 for State and pns.hslf for
county purpuseS The payment of such tax may,
n The discretion Of the LsgislSture be made a
condition to the right Of voting. raN --r.ni q
Section relates TO the qualifications of voters
on the adoption or rejection of this Constitution.
In Section l tie words Iiiyactually and not con.
structiyely" were. not in the old Consultation
They were inserted to prevent the possibility Of
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
dIsloyal usrsonn occurred In the old Constitution
These were stricken out on The ground of vague
ness and uncertainty, and because the preceding
part Of the proyiso Was zalleged TO cover the
ground sufficiently. .nri..4,. s..,..rp d,
fr'be 1Iroyison In Section regarding additional
hatbs or tests Of electoral quail f6eauons was not
contained, at least specifically In the old Con-
stItutIon. There are some other changes in the
Article, but relating mainly to piirRteology and
arrangement. ~ -,.sr7
-i ARTICLE REDISTRIBUTION oP POWERS
1'his Article il identical with that Of the old
CouEtitution+-diyiding the powerI Of the Gov:
ernment into Legislative, Executive and Judicial
Departments, each separate and distinct from the
others. . III t...t -zz--.----.r .. Il
ARTICLE Iy--LEGIsLATIyE DEPARTMENT. u
| Provides for biepniai sessions, 10 commence on