Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-09-16
CONSTITUTION OF NEVADA.

tember. II 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.
tlon adopting tho Constitution Of the United
States and an ordinance forever prohibiting sla.
very, securing perfect religious liberation, dis
claiming forever all right and title 70 unappropr-
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 clt
zens ofthe proposed State These enRctments are
made In compliance with the terms Of the Ena-
bling Act, and are declared irrevocable without
the consent Of the United States and ofthe people
of the State of Nevada. !.gH ~ - sa =
The preamble to the Constitution Is the same
as that Of the old Constitution. II 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-.
llsh this Constitution" .,. go s!aT
ARTICLE EI-DEcLARATIoE OF RIGHTS.
Section l declares all men by nature fiee and
equal possessing certain inslenable rights, etc,
the Language of the section being merely an am
pllfcation 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, MS 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 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 Government TO maintain
and perpetuate its existence, and whensoever any
portion of the States or people thereof, Rttempt
TO secede from the Federal Union, or forcibly re-
sst the execution Of its laws, the Federal Gov
ernment may, by warrant of the Constitution,
employ armed force in compelling obedience to
Its authority" s.,.s
Section 3 establishes the right of trial by jury,
but provides that three.fourths Of jury In any
civil case may find q verdict unless the Legisla
ture by two.thirds vote shall require such YER
diets to be unanimous. CIV f-
Section requires perfect religious liberation
and freedom of conscience. No person to be ex-
cluded as q witness on account of religious opin.
ions. -r..,. Oil. =
Section 5 secures the writ Of habeas corpus,
except in cases of rebellion or invasion
Section prohibits excessive bail, cruel or un'
usual punishments, etc ...
Section requires that all persons accused shall
be bailable, except for capital offenses.
Section prohibits trials for crime except on
presentment or indictment, and establishes the
usual safeguards asst personal and property rights.
Section 9 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 to
hold public meetings, ETC. . q. .... ..
Section IL 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 forblds the biletlng of soldiers
Section l3 Representation shall be upportioned
according to population.
Section Il requires the exemption Of a reasonable
amount of property from execution fer debt, and
forbids imprisonment for debt, except in case OF
fraud, libel or slander."
Section Is forbids the passage of any bill Of ut
taInder, ex post facto law, or law impairing tho
obligation of contracts. t...' -s.
Section IL secures 10 foreigners, on becoming
bona tide residents, the same property rights as
native born citizens ....
Section II prohibits slavery.
Section ls protects the people against unreas'
enable searches and seizures, and restricts the Is
suing of search warrants a.. ...
Section 10 defines treason against the State (as
in the United States Constitution), and requires
for conviction the testimony of two witnesses
to the same overta act, confession in open Court
~
rights not enumerated.
The most considerable change from tho old
Constitution in this Article IL in the paramount
allegiance" clause of Section 2, which in the old
Constitution read thus: but the paramount al.
legiance 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 TO
dissolve their connection 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 confers full power on the Federal Govern
ment to maintain and perpetuate Its existence,
and whensoeyer any portion OF the States. or pco,
pie thereof, attempt to secede 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 IL Of the old Constitution, prohibiting
the Legislature from granting special privileges,
etc, was stricken out Us being sufficiently provi.
ded for in the article on Legislative Department
The words tlibel or slsnder" were inserted
In Section H. relative to imprisonment for debt
| on account of the adoption Of stringent proVl-
sions for the prevention and ofdueiling
The provision in Section -, relative 70 con.
yictions of treason, WAS not contained In the old
Constitution. .. .. ...... ... ..r. RON.
| ARTICLE II-RIGHT OF SUFFRAGE,
Section eoniers the right of suffrage on every
white male citizen Of the United States, twenty
| one years of age and upwards, WHO Shall nave
actually and not constructiyely resided in the
State six months, and in the district or county
| thirty days next preceding any election :; pro-
ydes 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 Rt the age Of eighteen years shal
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 an amnesty be granted 10 such by the
| Federal Government, and no idiot or insane per-
son. shall be entitled TO the privilege OF an eiector
Section 2 provides that no person shall b'
deemed to have gained or lost residence LOT tn'
purpose of voting while in the service Of tint
| United States, while student in any seminary
| learning, nor while kept in any alnshouse, asy
| lum or prison at the public expense .aa...
Section secures the right of suffrage 10 Unitet
/ States soldiers and sailors. No poll tax or regis
tration IL required of such voters.
| Section prohibits arrests on civil process" oi
| election days.
| Section provides that all elections by the peo
pie shall be by ballot, and by the Legislature
| pird pocc l-,.
section requires the enactment of a registry
law, and authorizes the Legislature 70 prescrio'
rules or oaths as tests Of electoral qualification.
Section requires the levying Of an annuai poi ',
| tar of from two TO four dollars on ah male tesI
dents between the ages of twenty-one and Sky
years of age, uncivilized American laaas ,. -.
septed one.halfto 90 for State and one-hali iol
connty purposes The payment OF such tax may
i in the discretion of the Legislature, De maue
condition to the right Of voting;
Section relates to the quaihcatlons oi sotot
on the adoption or rejection OF TINS Cons 1t oon
| In Section tie words " actually ana no. Gun
structiyely" were not In the old ~ MIL =
They were inserted to prevent the poSs.DIIy ~ =.
rsctoning the residence or the voter Hon tnt
time he leaves some other state OF county y
come to Nevada In the last paragraph oi tus
| vectjon after Idiot or insane, the WoIas VI
JIsloyaI person" occurred in the old Constitution
Thsse were stricken out ON the ground OF vague
meas and uncertainty, md because the precedipe
mart of the proviso was alleged 10 cover TUT
i ground sufficiently. . .. ,S,.,,,,, =,
oatbs or tests of electoral qualifications was no'
cnntaIned, at least specifically, In the OLD Con
.ti.ntion There are come other changes In tht
| Article, but relating mainly to phraseology ano
i arrangement 1.- -, .,,yrps
| - ARTICLE REDISTRIBUTION OF PoWEhs.s
This Article Is identical with that OF the Ole
constIt,ltion-diyiding the powers OF the Gov
ernment into Legislative, Executive and Judicia
Departnlents, each separate and distinct from tht
,Rr,c1E Iy-LEGIsLATIyE DEPARTMENT.
provides for biennial sessions, 10 commence OF
The tirst Monday of January following the cleo
t;on of members General elections are TO b'
bcjd on the Tuesday after the first Monday il
Wnyan,ber. Senators hold Office for four year
i and Assemblymen for two years. The usua
hn1{n oRAo AnnNaN