Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-11-21
ooNsr1rUT1oN:oF NEVADA.

abstract Of the Constitution ofthe 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 isa 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 unappropri-
ated public lands, which left to the sole dis
position Of the United States exemptng from
taxation all lands and other property Of the Uni
ted States, and declaring that lands of on.resi.
dents shall not be taxed higher than lands Of ci,
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 of the people
of the State Of Nevada
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 estab-
liSh this Constitution"
ARTICLE I-DECLARATIoS 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
pfcaton 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
-, h. la pf thar
state of the Federal Union TO dissolve their con-
nectiou 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 Government TO maintain
and perpetuate Its existence, and whensoeyer any
portion of the States, or people thereof attempt
10 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 establishes the right of trial by jury,
but provides that three.fourths Of jury in any
civil case may find verdict unless the Legisla
ture by twO.thirds vote shall require such YER
diets to be unanimous.
Section requires perfect religious federation
and freedom OF conscience. No person to be c&
cluded rs a witness on account of religious opin-
ions.
except in cases of rebellion or invasion.
Section prohibits excessive bail, cruel or un.
usual punishments, etc
Section 7 requires that all persons accused shall
be bailable, except for capital Offenses.
Section 8 prohibits trials for crime except on
preseniment or indictment, and establishes the
usual safeguards as 10 personal aud property rights.
Section 0 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 classification.
Section 10 establishes the right Of the people 10
hold public meetings, etc.
Section IL subordinates the military to the civil
power, prohibits standing army in time Of peace,
and limits army appropriations i'll time of war to
two years.
Section - forbids the bilcting of soldiers.
Section Is. Representation shall be apportioned
according 10 population.
Section IA 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
tGinder, eX post facto law, or law impRring the
obligation of contracts.
Section Ii secures 10 foreigners, on becoming
bona tide residents, the same property rights ~
native-bOrn citizens.
Section II prohibits slavery.
Section 10 protects the people against unreas'
enable searches and seizures and restricts the is
suing of search warrants
Section 70 defines treason against the State Gas
in the United States Constitution), and requires
to the same overt act, or confession in open Court
Section 20 reserves to the people any and oil
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 the 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 TO
dissolve their connection Herewith, or perform
any act tending to impair, Subvert or resist the
supreme authority Of the Government of the
United States. The Constitution of tho United
states confers full power on the Federal Govern
ment 10 maintain and perpetuate Its existence,
and whensoever any portion of the States, OIL eo
pie thereof, attempt to secede from the Federal
Union, or forcby 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 II of the old Constitution, prohibiting
the Legislature from granting special privileges
etc., was stricken ont rs being sufficiently provi
dcd for IN the article on Legislative Department.
The words libel or Islander" were inserted
in Section II, relative to imprisonment for debt,
on account of the adoption of stringent provi.
sions for the prevention and punishment ofdueIling
The provision III Section 49, relative TO con-
victionS 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 age and upwards, who shall have
actually and not constructively resided in the
State six months, and in the district or county
thirty days next preceding my election : pro-
yidcs that no person convicted ofrcason or felony
in any State 81 Territory of the United States,
unless restored 10 civil rights, and no person who,
81. 8 afrl,ta hall
have voluntarily borne arms aguinst the United
States or held civil or military Office under the
sO-calied Confederate States, or either of them,
unless IN amnesty be granted 10 such BY the
Federal Government, and no idiot or insane per-
son. shall be entitled to the privilege of an elector
Section Q provides that no person shall be
deemed to have gained or lost residences 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
trarion Is required of such voters.
Section prohibits arrests on civil process on
election days ...
Section 5 provides that all elections by the peo.
pie shall be by ballot, and by the Legislature
RIGA roce.
section 8 requires the enactment of a registry
law, and authorizes the Legislature TO prescribe
rules or oaths as tests Of electoral qualification.
Section 7requires 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 sixty
years of age, unciyilized American dians ex'
cepted, one.halfto go for State and onehalf for
county purposes. The payment Of such tax may,
In the discretion of the Legislature, be made
condition 10 the right of voting
Section 8 relates to the qualifications OF voters
on the adoption or rejection of this Constitution.
In Section tie words actually and not con-
structively" were not in the old Constitution.
They were inserted to prevent the possibility OF
reckoning the residence or the voter from the
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
disoyal person" occurred in the old Contribution
These were stricken out on the ground Of vague
ness and uncertainty, and because the preceding
part of the provso was alleged to cover the
ground sufficiently.
The provision In Section regarding additional
osths 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 g.. ~. .'-t ..- .
ARTICLE uI-pIsTRIBUTIoN OF POWERS.
This Article IL identical with that of the old
Conytitution-dividiDg the powers OF the Gov:
eminent into Legislative, Executive and Judicial
Departluents, each separate and distinct from the
others.
ARTICLE Iv-LEGIsLATIvE DEPARTMENT.
Provides for biennial sessions, TO commence on
,he frst Monday of January following the cleo
lion of members General elections are TO be
~. after the frat Monday In