Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-09-14
CONSTITUTION OF NEVADA.

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 il a resolu-
tlOn adopting the Constitution Of the United
States and an ordinance forever prohibiting sla-
very, securing perfect religious federation, dis
claiming forever all right and title 10 unappropi.
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 cti-
zens Of the proposed State. These enRctmentS are
made In compliance with the terms Of the Ena-
bling Act, and are declared irreyocsble 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
1--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 O more perfect Government, do estab
lish this Constitution"
ARTICLE EI-DEcLARATIoE OF RIGHTS.
Section declares all men by nature free and
equal possessing certain inalienable rights, etc.
the language Of the section being merely an am
pliication 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, as the same have been or may be defined by
the Supreme Court Of the United States and nc
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 Ia
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, 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 3 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-thirds vote shall require such YER
diets 10 be unanimous.
Section 4 requires perfect religious federation
and freedom of conscience. No person to be ex-
cluded as a witness on account of religious opln.
ions.
Section S secures the writ of habeas corpus,
cxcep, in cases of rebellion or invasion.
Section 6 prohibits excessive bail, cruel or un-
usual punishments, etc
DcetlOn TelulTtB tuhL all peTbOlB AcCub6u buHll
be bailable, except for capital offenses.
Section prohibits trials for crime except on
presentment or indictment, and establishes the
usual safeguards as 10 personal and property rghts
Section secures the freedom of speech and OF
the press and allows the truth 10 be given In ev.
idence, In actions for libel, by wny classification
Section 10 establishes the right of tho people TO
hold public meetings, etc.
Section II subordinntes 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 12 forbdS the billctng of soldiers
Section b. Representation shall be apportioned
according to population. ...I .r...
Section IA requires the exemption ofa reasonable
amount of property from execution fer debt, and
forbids Imprisonment for debt, except In case Of
fraud, libel or SANDER"
Section Is forbids the passage of any bill Of at.
thinder, ex post facto law, or law imparing the
obligation of contracts
Section Ii secures TO 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
Section ~ defines treason against the State (RI
in the United States ConStltution), and requires
for conviction 1.-THE testimony Of two witnesses
Section 20 reserves to the people any and al
rights not enumerated
The most considerable change from the old
Constitution In this Article Is in the paramount
allegiance" clause of Section 9, which in the old
Constitution read thus: " But the paramount al
legiance 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 tC
dissolve their connection Herewith, or perform
any act tending to impair, subvert or resist the
supreme authority of the Government OF the
United States. Tho Constitution of the United
States confers full power on the Federal Govern
ment to maintain and perpetuate lis existence
and whensoever any portion of the States, or peo
pie thereof attempt to secede from the Federal
Unon or forcibly resist the execution Of It's 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 as being sufficiently provi
ded for in the article on Legislative Department.
The words !" libel or slander" were inserted
in Section IA, relative to imprisonment for debt,
on account Of the adoption Of stringent proyi.
sions for the prevention and puniShment ofduellnG
The provision In Section 19, relative to con,
victions of treason, was not contained In the old
Constitution.
ARTICLE u-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 mohths and In tho district or county
thirty days next preceding any election !" pro
vdes 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
ltnI .E.Ia n( Nhap1
unless an amnesty be granted to such by tht
Federal Government, and no idiot or insane per.
son. shall be entitled to the privilege Of elector
Section provides that no person shall bt
deemed to have gained or lost residence for thu
purpose of voting while In the service OF thu
United States, while student In any seminary O.
learning, nor while kept In any almshouser ay
lum or prison ut the public expense.
Section secures the right Of suffrage 10 Unitet
States soldiers and sailors No poll tax or regis
tration Ii required of such voterA
Section prohibits arrests on civil process or
election days -r.. .
Section provides that all elections by the peo
pie shall be by ballot and by the Legislature
uiua uoce.
Section requires the enactment Of o registry
law, and authorizes the Legislature to prescribe
rules or oaths as tests Of electoral qualification.
Section requires the levying of an annual poll
tax of from two to four dollars, on all male resi-
dents DeIWetu Tue dBes OA tHohby onN oA@'J
wears of age uncvIlized American Irdiana ex-
cepted, one-halfto go for State and one-haIf for
county purposeS The payment Of such tax may,
In the discretion of the Legislature, be made q
condition to the right of voting. aS
Section relates to tho qualifications OF voters
on the adoption or rejection Of this Constitution.
In Section tie words actually and mot con-
structively" were not in the old Constitution
They were Inserted to prevent the possibility OF
reckoning the residence or the voter nom the
time he leaves some other State or county 70
come TO Nevada In the last paragraph OF tne
section, after idiot or insane" the words " or
disloya person" occurred In tho old Constitution.
These were stricken out on the ground OF vague.
ness and uncertainty, and because the preceding
Dart of the proviso was alleged to cover the
ground sufficiently. ,,
The provision in Section regarding additional
oaths or tests of electoral qualifications waa not
contained at least specifically In the old Con-
stitution There arc some other changes In the
Article, but relating mainly to phrnseology and
arrangements Ef l-a-E ta EzZLEE
ARTICLE EIII-DIsTRIDUTIoN OF POWERS
This Article IL identical with that Of the old
Constitution-dividing the powers Of the Gov.
ernment into Legislative, Executive and Judicial
Departments, each separate and distinct from the
others. t'.s - 2
ARTICLE EIv-LE9ISLATIvE DEPARTMENT.
Provides for biennial sessions, TO commence on
the first Monday Of January following the cleo.
lion of members General elections are to be
held on the Tuesday after the hrst Monday In
Novemher Senators hold Office for four yenrr