Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-09-15
CONSTITUTION OF NEVADA.

temoer. IL 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: w ..-. H5t
Preceding the Constitution proper 10 resolu.
tion adopting the Constitution Of the United
states and an ordinance forever prohibiting sla-
very, securing perfect religious toleration, 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 cit-
zens ofthe proposed State. These ensctments 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. -.-..-. ........ .......
The preamble to the Constitution Is the same
as that of the old Constitution. 1t reads thus
I'VE, tho people of the State Of Nevada, CRATE
full to Almighty God for our freedom, In order to
secure its blessings, insure domestic tranquility
aud form more perfect Government, do estao'
liSh this Constitution" 3. .'
ARTICLE I-DEcLARATIoE OF RIGHTS.
Section declares all men by nature free and
equal, possessing certain inalenable rights, etc,
the language of the section being merely an am'
plifeaton 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 allits 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
IL. ssNNK
of the Government Of the United States. The
Constitution of the United States confers full
power on the Federal Government TO maintain
and perpetuate It's existence aud 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
ernment 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 requires perfect religious toleration
and freedom of conscience. No person to be eS-
cluded as a witness on account Of religious opin.
ions.
Section ) secures the writ of habeas corpus,
except in cases of rebellion or invasion.
Section 6 prohibits excessive bail, cruel or un.
usual punishments, etc
Section requires that all persons accused shall
be bailable, except for capital offenses.
Section 8 prohibits trials for crime except on
presentment or indictment, and establishes the
usual safeguards as to personal and property rights
Section secures the freedom of speech aud 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. ...-.. .... .........
Section IL subordinates the military to the civil
power, prohibits q standing army in time Of peace,
and limits army appropriations in time Of war to
two years. ..
Section 10 forbids the billetng of soldiers
Section b. Representation shall be apportioned
according to population. ......
Section II requires the exemption ofa reasonable
amount Of property from execution fer debt, and
torbids Imprisonment for debt, except in case Of
fraud, libel or slander."
Section Is forbds the passage of any bill Of at.
tAinder, ex post facto law, or law impairing the
obligation of contracts. ...
Section l6 secures TO foreigners, on becoming
bona tide residents, the same property rights as
native. born citizens
Section II prohibits slavery.
Section l9 protects the people against unreas
enable searches and seizures, and restricts the is
suing of search warrants sr... ..s ..
Section ~ defines treuson against the State la
in tho United States Constltution), and requires
for conviction " the testimony of two witnessei
to the same overt act, or confession In open Court
Section 20 reserves to the people any ind al
rights not enumerated.
Tho most considerable change from the old
Constitution in this Article il in the paramount
allegiance" clause Of Section 2, which In the ole
Constitution read thus: /" But the paramount al
lcgiance of every citizen Is due to the Fedora
Government; and no power exists in the people
Of this or any other State In the Federal Union tt
dissolve their connection Herewith, or perform
I'm f1nn afrhv mr.
supreme authority Of the Government OF tht
United StateS The Constitution Of the United
States confers full power on the Federal Govern
ment to maintain and perpetuate its existence
and whensoever any portion Of the States, or peo
pie thereof, attempt TO secede from the Fedora
Union or forcibly resist the execution Of Its laws
the Federal Government may, by warrant OF tn
Constitution, employ armed force in compelling
obedience to its authority! aa. -.
Section II of the old Constitution, prohibiting
the Legislature from granting special privileges
etc. was stricken out, as being sufficiently provl
ded for in the article on Legislative Department
The words libel or slander were inserte'
| in Section IA, relative to imprisonment for debt
on account Of the adoption of stringent provi
sions for the prevention AndpuniAhmento ofduellinl
The provision in Section 10, relative to con
yictions of treason was not contained In the oil
| Constitution. -. .... ....rr5 ......, .
~ ARTICLE n-RIGHT OF SUFFRAGE.
Section confers the right of suffrage on ever!
| white male citizen Of the United States, twenty
one years Of age and upwards, "who shall hay
actually and not constructively resided In III
State six months, and in the district or count
thirty days next preceding any election !" pro
vides that no person convicted oftreason or felon
| 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, sha
have voluntarily borne arms against the Unite
States or held civil or military Office under tn
so-called Confederate States or either Of then
unless an amnesty be granted to such by ID
| Federal Government, and no idiot or insane per
son. shall be entitled to the privilege OF an electo
Section provides that no Person shall b
deemed to have gained or lost residence for, th
purpose Of voting while in the service, Of th
United States, while student In any seminary
learning, nor while kept In any almshouse, asy
lum or prison at the public expense.
Section 3 secures the right Of suffrage 10 Unite
| States soldiers and sailors No poll tax or regi
trn,ion,l Is required of such voters
Section prohibits arrests OH civil process
election days. ,s l...rg II s.-..a-. rG.. r,Eg.
Pile shall be by ballot, and by the Leghlatur
section 6 REQUIRES the enactment of regiItr
| law, and authorizes the Legislature to preScrio
rules or oaths a. tests Of electoral qualification
Section q requires the levying of On annual Po
L tax OF from Two 70 tOuE uOuuAb1 vi -
/ dents between the ages of twenty one ana SKI
wears Of, age, ,unclyilized American ISdlanS 81
cepted one. half to go for State and one-hali 10
county pIlrposea. The payment of such tax may
In the discretion of the Legislature, be made
condition TO the right of voting.
| Section 9 relates to the qualifications OF voter
on the adoption or rejection Of this Constitutlol
In Section tie words actually and mol COZ
| structiyely" were not In the old Constitution
They were inserted to prevent the posslolnly
reckoning the residence or the voter rom IN
time he leaves some other State or county
come to Nevada. In the last paragraph OF IN
section, after idiot or insane, the words o
dIsoyal person occurred In the oid Constitution
These were stricken ont on the ground Of vague
ness and uncertainty, and because tho precedin
mart of the proyiso was alleged to cover tn
ground sufficiently. .r. .l.!s IL j
Tho provision in Section regarding additions
oaths or tests of electoral qualifications was no
| contained, at least specifically, in the old Cor
sstItution. There are some other changes In tn
Article, but relating mainly to phraseology an
arrangement. ~ ~ ~. a,. :
=, ARTICLE uI---DIsTRIBUTIoN OF POWERS.
This Article Ia identical with that Of the oil
Notwithstanding the powers Of the Gov
ernment into Legislative, Executive and Judictf
Departments, each separate and distinct fromth
others. = q H.,f,f s,i- Z. --.t.-,. .s,z, 80, =
lIIIf ARTICLE Iv-LEGIsLATIVE DEPARTMENT.
Provides for biennial sessions, 10 commence o
the first Monday Of January following the ele,
tiou of members General elections are to b
hoId on the fTuesday after the first Monday 1