Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-10-27
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C0NsTfTHTtoM OF NEVADA.

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-
yenient for reference: .
Preceding the Constitution proper Is n resolu
ZION adopting the Constitution of the United
states anu an ordinance forever prohibiting sla
very, securing perfect religious liberation, dis
clalhihg forever all right and title to unappropri-
a'ed pubic lands, which are left to the sole dis
p Usnion OF the United States; exsmpting from
taxation all lands and other property of the Uni
ted States, and declaring that lands of non resi-.
oentS snail not be taxed higher than lands of citi
Zehs oi lhe proposed state. These enactments are
made III compliance with the terms of the Eua
oihg Act, and are declared irreyocnble without
tne consent OF the United States and of the peope
OF the State Of Nevada,
Inc preamble 10 the Constitution il the same
as mat OF the old Constitution. II reads thus:
We the people of the State of Nevada, CRATE.
tuI to Almighty God for our freedom, in order to
secure itS blessings insure domestic tranquility
auo form more perfect Government do estab.
lish this Constitution"
ARTICLE LIBERALIZATION OF RIGHTS.
SECTION declares I'LL men by nature free and
equal possessing certain inaenable rights, etc.
the language Of the section being merely an am.
pllncation OF the Declaration of Independence.
Heehoh : ASSERTS that the doctrine of the inhe.
rent poiiGal power Of the people, and their right
10 establish or c!. nge their form Of Government,
and continues: But the paramount allegiance
oil every cl,IGcn is due TO the Federal Govern
nlent, In the exercise of ali its constitutional DOW
ers, us 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
:tate OF the Federal Union to dissolve their con
impair, subvert or resist the supreme authority
OF the Government Of the United States. The
Constitution Of the United States cOnfcrs tull
power on the Federal Government 10 maintain
and perpetuate its existence, and whatsoever any
portion of the States, or people thereof attempt
10 Secede from the Federal Union, or forcibly re-.
slst the execution of its laws, the Federal Gov
eminent may, by warrant Of the Constitution,
employ armed force in compelling obedience 10
its authority
Section 3 establishes the right of trial by Jury,
but provides that threc-fourths of Jury IN any
civil case may find verdict unless the Legisla
ture by a two'thirds vote shall require such yer.
diets to be unanimous
section requires perfect religious federation
and freedom of conscience. No person to be cx.
clnded rs witness on account OF religious opin.
ions.
SECTION 5 secures the writ Of h:ibeas corpus
except in cases Of rebellion or invasion.
Section d prohibits excessive bail cruel or nm.
usual punshments, etc
Section requires that all persons accused shall
BE- bailable except for capital OifenseS.
Section prohibits trials for crime except on
prcsentment or indictment, and establishes the
usual safeguards personal and property rights.
Section ) secures the freedom Of speech and OF
the press, and allows the truth 10 be given In ey.
idence in actions for libel, by way ofjustifcaton.
Section III establishes tn right of the people 10
hold public meetings, etc.
Section II subordinatcs the military to the civil
power, prohibits standing army in time Of peace,
and limits army appropriations in time Of war 10
two years.
Section IL forbids the bleting of soldiers
Section H. Representation shall be upportioned
according 10 population.
Section Ii requires the exemption OF reasonable
amount Of property from execution fer debt, and
forbds Imprisonment for debt, except in case OF
fraud, libel or SANDER
Section II forbids the passage Of any bill OF ".
thinder, eX post facto law, or law impairing the
obligation OF contracts.
Section Ii secures 10 foreigners. Oh becoming
bona rde residents, the same property rights Is
native-born citizens.
Section IL prohibits slavery.
Section ls protects the people against unreas.
enable searches ind 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 20 reserves 20 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 al
legiunce Of every citizen Is due 10 the Federal
Government and no power exists in the people
,f.,t. tk.,E IFt,;,,
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 cOnfers full power on the Federal Govern.
nent 10 maintain and perpetuate lis existence
and whensoever any portion Of the States, or peO'
pie thereof, attempt to secede from the Federal
Union, torcibly resist the execution of its laws
the Federal Government may. by warrant Of the
Constitution, employ armed force in compelling
obedience 10 It's authority"
Section IL of the old Constitution, prohibiting
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 Islander" were inserted
in Section II, relative 10 imprisonment for debt
on account OF the adoption of stringent provi
sions for the prevention and punishment ofdueling
The provision in Section 10, relative TO con-
victons 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 any election" pro.
yides 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
so-called Confederate States, or either of them,
unless IN amnesty be granted TO such by the
Federal Government, and no idiot or insane per-
son. shall be entitled to the privilege of elector.
Section provides that no person shall BE-
deemed to 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 d: the public expense.
Section 3 secures the right of suffrage 10 United
States soldiers and sailors NC'poll tax or regis.
tration Id required of such voters
Section prohibits arrests on civil process on
election days.
section S provides that all elections BY the peo.
pie shall DO by ballot, and by the Legislature
rird roce
section 8 requires the enactment of registry
law, and authorizes the Legislature TO prescribe
rules or oaths AZ tests Of electoral qualification
Section requires the levying OF an annual poll
tax Of from two to four dollar, on all male resi-
dents between the ages Of twenty.one aud sixty
years Of age, uncivllized American diRns ex'
cepted, one.halfto 60 for State and one.half for
county purposes The payment Of such tax may,
in the discretion Of the Legislature, be made L
condition TO the right Of voting.
Section relates to the qualifications Of voters
on the adoption or rejection of this Constitution
In Section tie words actually and not con-
struetively" were not in the old Constitution
They were inserted to prevent the possibility OF
reckoning the residence or the voter from the
tim" he leaves rome other state or county TO
COME TO Nevada, In the last paragraph OF the
sec ion, after idiot or insane" the words " or
disloyal person" occurred In the old Constiiution
These were stricken out on the ground OF vague
ness and uncertainty, and because the preceding
part Of the proviso was alleged TO cover the
ground sufficiently.
The provision In Section 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 pLraseoloSy and
arrangement.
ARTICLE III-DIsTRIBUTIoS OF POWERS.
This Article IL identical with that Of the old
Consttuton-dlviding the powers Of the Gov,
ernment into Legislative, Executive and Judicial
Departments, each separate and distinct from the
Others
ARTICLE Iy-IHaIsI ALIVE DEPARTMENT