Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-12-28
CONSTITUTION OF NEVADA.
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 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 resolu.
ton adopting the Constitution of the United
States and al ordinance forever prohibiting sla.
very, securing perfect religious federation, dis.
claiming forever all right and title to unappropri.
ated public lands which are left to the sole dis.
position of the United States; exempting 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 citi.
Zens ofthe proposed Stato. These enactments are
made i'll compliance with the terms of tho 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
rs 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-
lsh this Constitution"
ARTICLE I-DECLARATIoS OF RIGHTS.
StCIlOn AL NY uHtuTt 1iee ana
equal, possessing certain inalienRble rights etc.,
the language of the section being merely an am
plfcation 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
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, subYcrt 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 perpetpate 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
Section 3 establishes the right of trial by jury,
but provides that three-fOurths of jury in any
civil case may find a verdict unless the Legisa.
ture by two-thirds vote shall require such YER
diets to be unanimous.
Section requires perfect religious liberation
and freedom of conscience. No person to be ex-
cluded MS witness on account Of religious opin-
ions.
Section secures the writ of habeas corpus,
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 prohibits trials for crime except on
prcsentment or indictment, and establishes the
usual safeguards Us TO personal and property rights
Section secures the freedom of speech and Of
. bn sud al tbe IN lao triy
deucc 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 in time of war to
two years.
Section l2 forbids the bleting of soldiers.
Section IL. Representation shall bo Upportioned
according to population.
Section II requires the exemption of q reasonable
amount of property from execution for debt, and
forbids Imprisonment for debt, except in case of
fraud, libel or SANDER"
Section 10 forbids the passage of any bill Of at
tSindcr, ex post facto law, or law impairing the
obligation of contracts
Section Ii secures TO foreigners, on becoming
bona iide residents, the same property rights rs
native.born citizens.
Section II prohibits slavery.
Section Is protects the people against unrcas-
enable searches aud seizures, and restricts the is
suing of search warrants.
Section ~ defines treason against the State (as
in the United States Constitution, and requires
for conviction - the testimony of two witnesses
to the same overt act or confession in open Court"
Section 10 reserves to the people any and all
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 oil.
lcgiancc 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 10
dissolve their connection 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 coufcrS full power on the Federal Govern
mcnt TO maintain and perpctuatc its existence,
and whensocver any portion of the States, or PEG.
pie thereof, attempt TO seccde 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 out as being sufficiently provi'
ded for in the article on Legislative Department
The words libel or Islander" were inserted
in Section H. relative to imprisonment for debt
on account Of the adoption Of stringent provi'
SOns for the prevention and punishment ofduellng
The provision in Section 70, relative TO con,
victiunS of treason, was not contained i'll the ola
Constitution.
ARTICLE II-RIGHT OF SUFFRAGE.
Section confers the right of suffrage on every
white male citizen OF the United states, twenty
one wears of age and upwards, "who shall have
actually and not constructiyely resided in the
State six months, and in the district or county
thirty DAYS next preceding any election pro-
vides that no person convicted oftreason or felony
in any State or Territory of the United States
unless restored TO civil rights and no 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
socalled Confederate States or either OF them,
unless an amnesty be granted to such by the
Federal Government, and no idiot or insane per-
SON. shall BIZ entitled to the privilege OF an elector
Section provides that no person shall De
deemed 10 have gained or lost residence Tor 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 ut the public expense.
Section 3 secures the right of suffrage 10 Unlted
States soldiers and sailors No poll tax or regis
tration IL required of such voters.
Section prohibits arrests on civil process on
election days.
Section 5 provides that all elections by the peo-
PIE shhll Dc ny p'NluA' ahu ny '''~
rird uOce.
Section requires the enactment OF registry
law, and authorizes the Legislature TO prescribe
rules or oaths Us tests of electoral qualification
Section requires the levying Of an annual poii
tax of from two TO four dollars, on all male resi-
dents between the ages Of twenty.one and sixty
years of age, uncivilized American Irdans ex-
cepted, one-halft TO go for State and one-hui Tor
county purposes. The payment of such tax may
in the discretion of the Legislature, be maze a
condition to the right of voting.
Section relates to the qualifications Of voters
on the adoption or rejection of this Constitution
In Section l tie words actually and not con-
structively" were not in the old Constitution.
They were inserted to prevent the possibility oil
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
disloyal person" occurred in the old Constitution
These were stricken ont on the ground OF vague
ness and uncertainty, and because the preceding
part of the proviso was alleged to cover the
ground sufficiently. 49,,
The provision in Section 6 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 phrnscology and
arrangement
ARTICLE III-DIsTRIBUTIoN OF POWERS.
This Article IL identical with that of the old
ConstitutIon-dividng the powers of the Gov,
eminent into Legislative, Executive and Judicial
Departments, each separate and distinct from the