Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-12-06
CONSTITUTION OF NEVADA.
ooNsTITUTIoNIoF NRVApA. !,

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 a resolu:
ton adopting the Constitution Of the United
States and an ordinance forever prohibiting sls
very, securing perfect religious federation, 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 nom
taxation oil lands and other property Of the Uni
ted States and declaring that lands OF non-resl'
dents shall not be taxed higher than lands OF cit-
zeus 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 ofthe people
of the State of Nevada.
The preamble to the Constitution Is the same
az 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 more perfect Government, do estab-
lish this Constitution"
ARTICLE I-DECLARATIoN OF RIGHTS.
Section declares all men by nature free and
equal possessing certain nalienable rights, etc,
the language of the section being merely an am
plifcation 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 ia due to the Federal Govern
nent 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 confers full
power on the Federal Government 10 maintain
and perpctuate 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
| eminent may, by warrant of the Constitution,
employ armed force in compelling obedience to
| its authority .f.
Section establishes the right of trial by jury,
| but provides that threefourths Of q jury In any
civil case may find q verdict unless the Legisla
ture by two.thlrds vote shall require such YER
| diets TO be unanimous.
Section requires perfect religious federation
and freedom Of conscience No person 10 be ex-
| cluded as q witness on account of religious opin'
| ions.
Section 5 secures the writ of habeas corpus
except in cases of rebellion or invasion.
Section 6prohlbits 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 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 classification
Section 10 establishes the right of the people to
hold public meetings, etc,
Section II subordinates the military TO the civil
power, prohibits standing army in time OF peace,
and limits army appropriations i'll time Of war &c
| two years.
Section 70 furbids the bllleting of soldiers.
| Section l3. Representation shall be apportiouec
according to population.
Section Ia requires the exemption Ofa reasonable
| amount of property from execution fer debt ant
forbids imprisonment for debt, except In case o.
fraud, libel or SANDER"
Section Is forbids the passage of any bill of ut
talnder, ex post facto law, or law mpairing Thu
| obligation of contracts.
Section Ii secures 10 foreigners, on becoming
bona tide residents, the same property rights n
naiive.bOrn citizens
Section II prohibits slavery.
Section Is protects tho people against unreas
enable searches and seizures, and restricts the Is
| suing of search warrants
Section ~ defines treason against the State "a
in the United States Constitution, and require
TO the same overt act, or confession in open Court
Section 20 reserves to the people any and al
rights not enumerated.
The most considerable change from the oil
Constitution in this Article IL In the paramount
allegiance clause of Section ., which in the oil
Constitution read thus But the paramount al
legiance 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 I
dissolve their connection Herewith, or perform
any act tending 10 impair, subvert or resist tn
supreme authority Of the Government OF tn
United States. The Constitution of the Unite
States confers full power on the Federal Govern
ment to maintain and perpetuate It's existence
| and whatsoever any portion Of the States, or pee
pie thereof attempt to secede from the Federt
Union, or forcibly resist the execution of its law
| the Federal Government may, by warrant OF tn
Constitution. employ armed force In compellin
obedience to its authority"
Section IL Of the old Constitution, prohihitin
the Legislature from granting special privileges
ETC., was stricken out, as being sufficiently prov
ded for In the article on Legislative Department
The words libel or SANDER" were lnserte
in Section IA, relative to Imprisonment for deb
on account of the adoption of stringent prov
sions for the prevention andpuniShment ofduelin
The provision in Section 10, relative to col
| vctOns of treason, was not contained In the oil
Constitution.
ARTICLE II-RIaHT 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 nav
actually aud not coustructivey resided in tn
State six MONTHS and in the district or count
thirty days next preceding any election :" pre-
Vides that no person convicted oftreason or ieion
In any State or Territory of the United State
unless restored to civil rights and no person wit
after arriving at the age Of eighteen years, sha
have voluntarily borne arms against the Unite
States or held civil or military office under tn
so-caled Confederate States, or either OF then
unless an amnesty be granted TO such by III
Federal Government and no idiot or insane per
son, shall be entitled to the privilege of an electo
Section 9 provides that no person shall
deemed to have gained or lost residence Tor I'll
purpose of voting while in the service OF III
United States, while student III any seminary
learning, nor while kept in any aimshouse, hsy
lum or prison at the public expense.
Section 3 secures the right OF suffrage 10 Unite
States soldiers and sailors. No poll tax or reg
tration Is required OF such voters
Section prohibits arrests on civil process o
election days.
Section provides that all elections by the PEE
pie shall be by ballot, and by the Legislator
| piud p0ce.
Section 6 requires the enactment OF regiItr
law and authorizes the Legislature to prescrit
rules or oaths as tests Of electoral qualification.
Section requires the levying of an annual pc
tax of from two TO four dollars on all male res
dents between the ages Of twenty-one and sixt
years of age, unciyilized American l=dians e.
cepted, onc.halfto 60 for State and one-haf &c
county purposes The payment of such tax ma.
in the discretion of the Legislature, be made
condition to the right of voting
Section relates to the qualifications OF Votei
on the adoption or rejection of this Constitution
In Section tie words actually and not col
s,ructivey" were not in the old Constitution.
They were inserted to prevent the possibility
reckoning the residence or the voter from II
time he leaves some other state or county
come to Nevada In the last paragraph OF u
section, after Idiot or insane the words
disloyal person" occurred in the old Constitution
These were stricken out on the ground OF vagu
ness and uncertainty, and because the precedir
part of the provso was alleged to cover Il
ground sufficiently.
The provision in Section 6 regarding addition
oaths or tests of electoral qualifications wns NJ
contained, at least specifically, in the old Co
stitutOn. There are some other changes in Il
Article, but relating mainly to phraseolOgy ar
arrangement.
ARTICLE uI-DIsTRIBUTIoN OF POWERS.
This Article is identical with that Of the o
Notwithstanding the powers Of the Go
IL