Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-12-08
CONSTITUTION OF NEVADA.
CONSTITUTION. 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 49,. - . s5t q
Preceding the Constitution proper is a resolu,
ton adopting the Constitution of the unlteu
States and an ordinance forever prohibiting sla-
very, securing perfect religious federation, as
claiming forever all right and title to unappropri-
ated public lands, which are left to the sole dls
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 cit
zens ofthe proposed State These enactments are
made in compliance with the terms Of the Enh
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. It reads thus:
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-pECLARATIoN 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 Is due to the Federal Govern.
ment, in the exercise of oil its constitutional pow
ers, rs 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 cOnfeTs full
power on the Federal Government TO maintain
and perpetuate 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 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.thrds vote shall require such YER
diets TO be unanimous.
Section 4 requires perfect religious liberation
and freedom'of conscience. No person to be ex.
Guided rs Il 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 I'M
usual punishments, etc
Section requires that all persons accused shall
be bailable, except for capital offenses. II
Section prohibits trials for crime except on
presentmcnt or indictment, and establishes the
usual safeguards as 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 10
hold public meetings, etc.
Section II subordlnates the military 10 the civil
power, prohibits standing army In time Of peace
and limits army appropriations in time Of war tt
two years.
Section 10 forbids the billeting of soldiers.
Section II. Representation shall be apportionet
according 10 population.
Section IA requires the exemption Of a reasonable
amount of property from execution for debt ant
forbids Imprisonment for debt, except in case
fraud, libel or Islander"
Section Is forbids the passage Of any bill OF ut
taindcr ex post facto law, or law imparing TIL
obligation of contracts.
Section IL secures TO foreigners, on becoming
bona fide residents, the same property rights II
nativeborn citizens.
Section II prohibits slavery.
Section IL protects the people against unreas
enable searches and seizures md restricts the IL
| suing of search warrants.
Section 10 defines treason against the State %
| in the United States Constituiion), and require
| for conviction "the testimony of two witnesse
10 the same overt act, or confession in open Court
Section 10 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
| legance of every citizen Is due to the Fedora
| Government; and no power exists In the peopl
| -, nthar a I'm the FeIarnl Union 4
| dissolve their connection Herewith, or perform
| any act tending 10 impair, subvert or resist IN
| supreme authority of the Government OF IN
United States The Constitution of the Unite
4 States cOnfers full power on the Federal Govern
ment 10 maintain and perpetuate its existence
and whenSoever any portion OF the States. OF pee
\ pie thereof, attempt 10 secede from the FEEDERS
Union, or forcby resist the execution OF its law
the Federal Government may. by warrant Of th
| Constitution, employ armed force In compelliu
obedience to its authority"
Section IL of the old Constitution, prohibitin
the Legislature from granting special privilege
! etc was stricken out us being sufficiently prov
ded for in the article on Legislative Department
The words +" libel or Islander " were inserte
in Section Il, relative to imprisonment for deb
| on account of the adoption of stringent prov
Sions for the prevention and punishment ofduelln
The provision in Section 10, relative to CO.
victons of treason, was not containedm the o.
Constitution.
ARTICLEII-RIGHT OF SUFFRAGE
Section confers the right of suffrage on ever
white male citizen of the United States, twent.
one years of age and upwards, "who shall hay
actually and not cOnstruotiVely resided in Il
| State six MONTHS, and in the district or count
thirty days next preceding any election" pr
vides that no person convicted oftreasOn or telor
in any State or Territory of the United State
unless restored to civil rights, and no person VIII
asTv1tN oh
have voluntarily borne arms against the unit'
States or held civil or military office under Il
so-called Confederate States, or either Of theI
unless an amnesty be granted to such by u
Federal Government, and no idiot or insane pc
SON. shall be entitled to the privilege of an eleetc
Section provides that no person shall
| deemed to have gained or lost residence for q
purpose of voting while in the service Of Il
United States, while a student In any seminary
learning nor while kept in any almshouse, a.
lum or prison at the public expense ~
Section secures the right Of suffrage TO Unit,
States soldiers and sailors Nc poll tax or req
tralion Is required Of such voters.
Section prohibits arrests oil civil process
election days. o..
Section provides that all elections by the pc
pie shall be by ballot, and by the Legislatu
rird p0cG
Section requires the enactment Of a regiEt
law, and authorizes the Legislature TO preseri
rules or oatnB as teBtB OF electorai quAuuCdtiou'
Section requires thS levying of an annual pr
| tax of from two to four dollars, on all male re-
dents between the ages of twenty. one and six
years of age, uncivilized American I: dams e
cepted, onehalf to 60 for State and oneihalf I
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 vote
on the adoption or rejection Of this Constitute
In Section tie words actually and not CO
structively" were not In the old Constitution.
They were inserted to prevent the possibility
reckoning the residence or the voter from u
time he leaves some other State or county
come to Nevada In the last paragraph Of .
Il section after Idiot or insane" the words
disloyal person" occurred in the old Csnstitutio
These were stricken ont on the ground OF vagu
ness and uncertainty, and because the precedil
part of the proviso was alleged to cover 4
ground sufficiently.
The provision In Section regarding addition
I oaths or tests Of electoral qualifications was n
contained, at least specifically, in the old Co
stItution. There are some other changes IN {
Article, but relating mainly to phraseology nj
arrangement.
ARTICLE ul-DIsTRIBUTIoE OF POWERS.
This Article Ia identical with that Of the {
4 Constitution-dividing the powers of the Go
srnmpnt into Legislative Executive and Jude