Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-11-15
CONSTITUTION OF NEVADA.


abstract OF the Constitution of the State of
Nevada, adopted on the seventh day of Sep
TENDER. 1t is greatly condensed, occupying
but a fraction Of the room required for the
publication of the whole document, but will
be found equally useful and far more con-
vcnient for reference:
Preceding the Constitution proper is u resOlu-
ton adopting the Constitution of the United
states aud an ordinance forever prohibiting sla-
very, securing perfect religious tOlcr;sion, dis
claiming forever all right aud title TO unappTUpri
aIed public lands, which arc left To the sole dis.
pos ion of the United States excmptipg 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 OF the proposed staIc. These enactInents are
mudu' in compliance with the terms Of the Enu
bling Act and are declared irrey0cabie 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 grItc-
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-DECLARATIoS OF RIGHTS.
Section declares all Tcn by nature free and
equal possessing certain lnalieuable rights, ETC.,
the language of the section being merely
pliticatiuu of the Declaration OF Independence.
section : itsser1s that the doctrine OF the inhc
rent political power OF the people. and their right
to establish OF change their form of Government,
and continues: But the paramount allegiance
Of every citizen is due 10 the Federal Govern
nlerr in tine exercise Of all its cons iIuional pow
ers us the same have been or may b. 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 10 dissolve their con
nectiOn Herewith, or perform any act tending 10
impair, Aubvcrt or resist the supreme authority
Of the Government If tie United States The
Con Tuition OF the United States c"lferS full!
power the Fedora. Government TO maintain
aui pprpctuatr its existence, and whcusUrver any
portion Uf the States, or people thereof, attempt
10 srccdr from the Federal Unuu. or tUrcby rt-
sist the execution OF lis laws tie Federal Coz
ernmrnt may, 10y warrant oil the Constitution,
employ armed force i'll compelling obcd!cIcg 10
its authority"
Section establishes the right Of ;riLl By jury,
but provides that thrrr.iourIhs Of a jury in any
civil case nay mud Il verdict unless the Lcg!slii
tugc by two thirds vote shall require such YER
diets TO be unanimous.
lection requires perfect religious liberation
and freedom Of conscience. y" person TO be CO.
cludr1 rs witness on account OF religious opin.
ions.
Section : secures the writ Of habehs corpus,
except IN cases OF rebellion or invasion.
SECTION prohibits excessive bail, cruel or I'M
| usual puuishIuuatS, etc
Section requires that all persons accused shall
be baiiaGe, except for capita! Offences.
Section prohibits trials for crime except on
| urrsrutmcnt or Indictment, and establishes the
usual guards personal and property rights.
Section secures the freedom Of speech and Of
the press and allows the truth to be given in ev-
dtncc in actions for libel, by way classification
Section 10 establishes the right of the people to
| hold public meetings, etc
Section IL subOrdiuairE the military 20 the civil!
power, prohibits standing army il time Of peace
| and limits army appropriations III time Of war 10
| two years.
Section l2 lofbids tie Iileting Of soldiers.
| Section - Representation snail De GpportionGd
| according to population.
| Section II requires the exemption Of n reasonable
amoIn; of properly from execution tar debt. and
| torDits imprisonment for debt. except il case Of
| frard, libel or Islander"
Section - forbids the psSsHgr ~ any bi.! ri al
thindcr, tx post tacto law, or lazy nupa.r!pB tie
| obligation O! contracts.
Section Ii secures ID foreigners. on becoming
| bona Tide residents the same properly rights as
nRiive.bOrn citizens
| Section IL prohibits slavery.
Section Is protects The people against unrcas-
enable searches and srizures, ant restricts the is
! suing Of search wErraL:,
Section IL defines treason against the State tai
| in the United States Consiiiai0nl. and Requires
| for conviction " the testimony OF two witnesses
to the same overt act, confession in open Court.
Section ~ Reserves % the people any and all
| rights not enumerated.
The most considerable change irP.n The old
Constitution in Ihi5 .AT:G.c is IN the " paramount
| ALLEGIANCE" c.ause % Section - which il tho oil
| Constitution 7taG tLls 4" But the paramount Ell
| lrglnct Of every citizen Is ale 10 III. Federal
| Government; and Lo power exists in the propi"
OF this or any other STATE IN the Federal Union 10
I H. "a -HnFN
nuy act tending 10 impair, suLSeTt or resis the
supreme authority Of the Government Of the
| United States. The Constitution Of the United
>tutrs cONiur8 fil.l power on the Federal Govern
men: 10 maintain alc Pc:pc;ua'c iis "X!Sieuce'
and wLeIsOrSC. any pOrl.Ca q! he SiHlcs, u pcC-
| pie thereof attempt 10 secvie from the Federal
Union or fOrc!I.y resist the execution OF iis laws,
the Federal Government may. by warrant OF the
Constitution. employ armed force III completing
! obrdi-lCe 10 itS authority.
| Section IL Of tile Old Constitution, prohibiting
the Legislature from granting special privileges,
ETC., stricken out, rs being sufficiently prori.
drd for in the article or Legislative Department.
| The words libel or Islander" were Inserted
IN Section ii, relative 10 Imprisonment for debt
! on account OF the adoption Of stringent proVl-
sons for the prevention ard punishment otduei!inG
The provision in Section 49, relative to CON
| victious OF treason, was hot contained in the old
! Constitution.
| ARTICLE II-RIGHT OF SUFFRAGE
Section coniers the right OF suffrage On every
white male citizen OF tho United stalrs, twenty.
one years oil age and upwards, who shall have
| actually aud NOT consiructive!y resided in the
| State six uohths and in the district or county
| thirty days next preceding any election; pro-
yidrs that person convicted OftTeasOp or felony
| in any State or Territory of the United States,
unless restored 10 civil rights, and no person who,
after arriving at the age OF eisateeu years shall
| have voluntarily borne arms Ggaipat the United
| States or held civil or military Office under tho
so.calIed Confederate States, either OF them,
unless an amnesty be granted 10 such by tho
| Federal Government, and no idiot or insane per-
son. shall be entitled 10 the privilege o. IN elrCtOr.
Section provides that no person shall DO
| deemed 10 have gained or lost residence 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 ths RICH; OF suffrage 10 United
| States soldiers and sailors. NJ poll tax or regis
| traiion Is required of such voters
! Section 4 prohibits arrests on civil process on
election duys.
Section provides that all elections by the poo.
! pie shall Dc by bnllot, and by the Legislature
! uird roee.
Section requires tho enactment Of registry
| law and authorizes the Legislature 10 prescribe
rules or oaths as tests of electoral qualification.
| Section requires the levyipg Of an annual poll
tax of from two 10 four dollars, on all mulo resi-.
| dents OeI"cGu d6oe VI lheuiS -Oao dIN pay
years o. age, uncivuiEed American diana OK.
copied, one.hslfto 60 for Siate and one.bslt for
county purposes. The payment OF such tax may,
| in the discretion CT the Legislature, b0 made
condition 10 the right of voting.
Section relates 10 the gu .litcationS OF voters
on tho adoption or rejection Of this Constitution.
! IN Section tts words actually and not con.
| Structively" were not IN the old Constitution
They were Inserted 10 prevent tho Possibility Of
| reckoning the residence or the voter from tie
| time he leaves some other state or county 10
| come 70 Nevada. In the laSt paragraph OF the
sec ion, after Idiot or insane" the words " or
disloyG person" occurred IN the old Consultation.
| These wers stricken out OIL TIC grouna of Vague.
ness and uncertainty, and because tho preceding
| part OF tie pToviso was alleged 10 cover tie
ground sufficiently.
The provision n Section regarding additional
oaths or tesla Of electoral qualifications was not
contslncd, at least specifically, in the old Con.
stItutiop. There are some other changes IN the
Article, but relating mainly to PHYSIOLOGY ard
arrangement
ARTICLE 1t-DIsTRI5uTIoS OF POWERS.
This Article ia identical With that of-the old
| Copstitut!on-dividing the powers Of the Gov.
srnrneut into Legislative, Executive aud Judicial
Departments, each separate Gud distinct from the
othxrL
ARTICLE Iv-LEGIsLarIvE DEPARTMENT.
Provides for biennial sessions, 10 commence on
the first Monday of January following the cleo
ton OF members General elections are to-be
held on tho Tuesday after the first Monday In
November. Senators hold Office for four years
ind Aseenblynen for two years Tho usual
powers Of parliamentary bodies arc conferred
No member may hold any ofhce created during
| a r. ~