Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-10-31
CONSTITUTION OF NEVADA.


The following is complete and correct
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 a resolu,
ton adopting the Constitution OF the United
states and au ordinance forever prohbltlng SD
very securing perfect religious federation, dis
claiming forever all right and title to unapproprl
ated public lands, which are left 10 the sole dis
position Of the United States; exempting from
taxation all lands and other property Of the I'M
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 TEL .ls Of the Ella
bling Act, and are declared irrevOCabe without
the consent of the United States and Of the Poop.
| Of the State OF Nevada
| The preamble TO the Constitution IL the SAME
as thai OF the old Constitution. II reads thus
We, the people of the State of Nevada, CRATE
full 10 Almighty God for our freedom, In order 10
secure Its blessings, insure domestic tranquility
and form more perfect Government, do esta0
| llsl tnls Constitution.
| ARTICLE I-DECLARATIOS OF RIGHTS.
Section declares all Iuen by nature free aud
equal, possessing certain lnalirnable rights, etc
;he Language of the section being mercy an AN
! pllhcaiion Of the Declaration Of Independence
! section asserts that the doctrine of the inhe
rent political power OF the people and their RICH,
| TO establish or change their fern OF Government
| ana Continues: But the paramount allegiance
| of every citizen is due 10 the Federal Govern,
| la
| crs,as the same have been OF may be defined 10y
| the Supreme Court of the United States ind liz
| power exists in the people Of this or any Other
| tate OF the Federal Union TO dissolve their con
! nection Herewith, or perform any act tending 10
impair, Subvert or resist the supreme authority
| OF the Government Of the United States. The
I Con. tliuiiun Of the United States couicrS full
! power on the Federal Government 10 maintain
| aud Perpetuate its existence, and whensncrer any
portion OF the States, Or people thereof, attempt
10 sccede from the Federal Union, or turribly RI.
sIst the execution of its laws the Federal Gov
eminent may, by warrant OF the Constitution
employ armed force in compelling obedience tc
! 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 Legis!a
! TURF by Il two-thirds vote shall require such yer
/ diets 10 be unanimous
/ section requires perfect religious federation
Z ~
cluded as witness on account OF religious Opu
J ions.
| Section 5 secures the writ OF habeas corpus
except in eases Of rebellion or invasion
Section b prohibits excessive bail, cruel Or un
| usual punishmrnts etc
Section 7 requires that all persons accused shal
be bai,ablr, except for CAPT al oifenseS.
Section prohibits trials for crime except OIL
| presrniInent or indictment, and establishes III,
usual safeguards aSto personal and property rights
Section y secures the freedom OF speech and o
the press, and allows the truth 10 be given in ev
idence in actions for libel BY way ofJustiIiGariou
Section III establishes the right of tho people Il
! hold public meetings etc.
Srctiou II SuboTdiuates the military 10 the ciri
power, prohibits a standing army IN time Of peace
and limits army appropriations in time OF war tC
J two years.
Section 70 forbids the biIletns of soldiers.
| Section b. Representation shall be appOrtiOneC
according 10 population.
Section II requires the exemption OF 4 reasonable
! amount OF property from execution tor debt anC
torbids imprisonment for debt, except in case o
fraud, libel or SANDER
Section IS for0ids the passage of any bill of at
tainder, eX post iacto law, or law mpGiring tn,
obligation OF contracts.
I Section Is secures 10 foreigners. on becoming
bona hide residents, the same property rights IL
! nutiyp-bOrn citizens.
! Section II prohibits slavery
! Section Is protects the people against unreas
/ 0nHbe searches and seizures and Restricts the is
! suing Of search warrants.
| Section ~ defines treason against the State "a
| in the United States COustitutIon}, and require
| for conviction the testimony OF two witnessr
to the SAM overt act or confession In open Court.
/ Section 70 reserves to tho people any and al
| rights not enumerated.
! The most considerable change from the OF
| Constitution in this Article is in the paramount
! allegiance" clause of Section @ which in the ole
| Constitution read thus: But the paramount al
| lrglunce Of every citizen is due to the Fedora
! Government and no power exists In the propl,
of this any other State in the Federal Union Il
| dissolve their connection Herewith, or perform
! any act tending 10 impair, subvert or resist thu
supreme authority Of the Government OF IN,
| United States. The Constitution OF the United
| tatrs cOniers full power Oh the Federal Govern
ment TO maintain and perpetuats lis existence
| and whrnsoevCr any portion OF The States or PEG
| pie thereof attempt 10 secrdc from the Fedora
Union or tuTciUly resist the execution of its laws
! the Federal Government may, by warrant of I'll,
| Constitution, employ armed iorco i'll compelling
! obedience Ia its authority.
| Section II OF the old Constitution prohibiting
the Legislature from granting SprciaI privileges
! rlc was stricken ont, ais being sufficiently ProNi
! ded for in the article on Legislative Department
The words Libel or slaidcr' were lnscrtrt
IN Section II, relative to imprisonment for debt
| on account of the adoption OF stringent provi
SiOns for the prevention aud punishment Otduellink
| The provision in Section ~. relative to cOu
victons OF TREASON, was not contained in the oil,
! Constitution
ARTICLE II-RIGHT OF SUFFRAGE.
Section cuufrrs the right OF suffrage every
| white male citizen Of the United .Iates, twenty
one Years oil age aud upwards, who shall har'
| actually aud not consiructivey resided in thu
State six mohIhs and i'll the district or count!
| thirty days next preceding any election pro
vdvs that no person convicted Uftreuson or felony
in any Stale or Territory Of the United States
unless restored to civil rights, and no person VIII"
aitrr arriving al ths age OF eighteen years. sinai
nave voluntarily borne arms against the uuitet
States or held civil or military office under the
so.called Confederate Statts, or either of them
unless an amnesty be granted 10 such by tE'
Federal Govgrunent, and no idiot or insane per
son, shall be entitled 10 the privilege of elrc:or
Section " prVvidus that no person shall b,
deemed 10 have gained or los; Residence for th'
purpose OF voting while in the service OF til
United States, while Il student in any seminary o
learning, nor while Kept in any almshouse, aSy
Iun or prison at the public expense.
Section SECURES the right OF suffrage 10 United
States soldiers and sailors Nc poll tax or regis
IraliOn Is required of such voters.
Section prohibits arrests on civil process Oh
election days.
;ection provides that all elections by the PEG
pie shall be by ballot, and by the Legislator,
rird uoce
lection requires the enactment of registry
law, and authorizes the Legislature 10 prescribe
rules or oaths rs tests of electoral qualification
Section requires the levying of an annual pol
tax of from two TO four dollars, on all male resi-
dents between the ages of twcnty.one and sixty
years OF age. uncivllized American l dians TX
cepted, one.halft TO go for State and onc.half fol
county purposes. The payment OF such tax may
ia the discretion of the Legislature, DO made
condition TO the right OF voting
Section relates to the gu alterations of voters
on the adoption ur rejection Of this Constitution
In Section tie words actually and not con
stTuctivey" were not in the old Constitution -
They were inserted TO prevent the possibility OF
reckoning the residence or the voter from TIT
time he leaves SONS other state or county 10
come to Nevada In the last paragraph Of TIT
sec ion, after idiot or insane" the words " or
disloyai person" occurred in the old Constitution
These were stricken out on the ground Of vague
ueSs and uncertainty, and because the preceding
part Of the proviso was alleged TO cover tint
ground sufficiently.
The provision in Section regarding additional
oHths or tests of electoral qualifications was not
contained, at least specifically, in ihu Old Con
otitutiOn. There ure some other changes III tne
Article, but relating mainly to phraseolosy and
arrangement
ARTICLE DEMONSTRATIONS OF POWERS.
This Article L. identical with that OF the old
Notwithstanding the powers Of the Gov.
Departments, each separate and distinct from the
others.
ARTICLE Iv-LEaIsLAT1vE DEPARTMENT.
prpyid,.x nj ass sinns q commence on