Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-09-24
CONSTITUTION OF NEVADA.

ABSTRACT OF the C0nSntutlon OF the 0tate OF
Nevada, adopted on the seventh day Of Sep
tember. 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:
Preceding the Constitution proper is a rcsolu:
ton adopting the Constitution of the United
States and an ordinance forever prohibiting ala
very, securing perfect religious liberation, dis
claiming forever all right and title to unappropr
ated public lands, which are left to the sole dis
position of the United Statesi 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 Ena.
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
as that of the old Constitution. 1t reads thus:
AVE. 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 q more perfect Government, do estab-
llsh this Constitution"
ARTICLE I-DEcLARATIoE OF RIGHTS.
Section l declares all men by nature free and
the language Of the section being merely an am
plfcGton of the Declaration of Independence.
Section 2 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 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 confers full
power on the Federal Government 10 maintain
and pcrpctunto its existence, and whensocver any
portion of the States, 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"
Suction establishes the right of trial by jury
but provides that three-fourths of a jury in any
civil case may find verdict unless the Logisla
ture by two.thirds vote shall require such YER
diets 10 be unanimous.
Section requires perfect religious liberation
and freedom Of conscience. No person to be eI-
cluded as 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 prohibits trials for crime except on
preseutment or indictment, and establishes the
usual safeguards asto personal and property rights
Section secures the freedom Of speech and Of
the press and allows the truth to be given in ev-
idencc, in actions for libel by way classification
Section 10 establishes the right Of the people to
hold public meetings, etc.
Section IL subordnates the military to the civil
power prohibits O standing army in time Of peace,
and limits army appropriations in time of war to
two years.
Section IL forbids the billeting of soldiers.
Section H. Representation shall be apportioned
according TO population.
Section II requires the exemption of a reasonable
amount Of property from execution for debt, and
forbids imprisonment for debt, except in case Of
fraud, libel or slander."
Section II forbids the passage of any bill Of at.
tainder ex post facto law, or law impsiriug the
obligation of contracts.
Section IL secures to foreigners on becoming
bona tide residents, the same property rights ~
native born citizens
Section II prohibits slavery.
Section 16 protects the people against unreas-
enable searches and seizures and restricts the is.
snlng of search warrants.
in the United States Constitution), Ind requires
for conviction 1.-The testimony of two witnesses
10 the same overt act or confession in open Court
Section 20 reserves to the people any aud all
rights not enumerated.
The most considerable change from the old
Constitution in this Article is in the paramount
allegiance" clause of Section q which in the old
Constitution read thus But the paramount al
legiance of every citizen is due 10 the Federal
Government and no power exists in the people
of this any other State In the Federal Union 10
dissolve their connection Herewith, or perform
any act tending TO impair, subvert or resist the
supreme authority Of the Government of tho
United States. The Constitution of the United
stutes confcrs full power on the Federal Govern
ment TO maintain md perpetuate its existence,
and whensOever any portion of the States, orpeo-
pie thereof attempt TO secede from the Federal
Unon or forcibly 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, as being sufficiently provi.
ded for in the article on Legislative Department.
The words I" libel or SANDER" were inserted
in Section II, relative to Imprisonment for debt,
on account of the adoption of stringent proyi-
sions for the prevention and ofduelling
The provision In Section 49, relative to con.
victons of treason, was not contained In the old
Constitution.
ARTICLE II-RI6HT 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 construetively resided in the
State six months, and in the district or county
thirty days next preceding any election !" pro
vdes that no person con vcted oftreason or felony
in any State or Territory of tho United States,
unless restored to civil rights and no person who,
after arriving at the age of eighteen years, shull
have voluntarily borne arms against the United
States or held civil or military Office under the
10 called Confederate States, or either Of them,
unless an amnesty be granted TO such by the
Federal Government and no idiot or insane per-
son. shall be entitled to the privilege of an eector.
Section provides that no person shall be
deemed TO have gained or lost residence for the
purpose of voting while In the service of the
United States, while astudent In any seminary of
learning, nor while kept in any almshouse, ssy-
lum or prison at the public expense.
Section secures the right of suffrage 10 United
States soldiers and sailors. Nc poll tax or regis.
tration Is required of such voters. 20. b.. q. d. J
Section prohibits arrests on civil process on
election days. - ..,... .
Section provides that all elections by the peo.
pie shall be by ballot, and by the Legislature
piud u0ee. III, -
Section requires the enactment of registry
law, and authorizes the Legislature to prosertbe
rules or oaths as tests Of electoral qualification
Section requires the leyying of an annual poll
tax of from two TO four dollars on AL male resi-
dents between the ages Of twenty.one and sixty
wears of age, uncivilized American indians ex-
cepted, one-halfto go for State and one'Daii ior
county purposes. Tho payment Of such tax may,
in the discretion oftho Legislature, be inaae
condition to the right Of voting. A st. IL.
Section relates TO the qualifications OF voters
ON the adoption or rejection Of this ION
In Section tie words actually and not con-
structively" were not in the old Constitution
They were inserted to prevent the posnb bAity OF
reckoning the residence or the voter from the
time he leaves some other State or county 10
| come 10 Nevada In the last paragraph OF the
sectiou, after Idiot or insane, ," the words or
dlsloyal person" occurred in the old Constitution.
These were stricken ont on the ground OF vague
ness and uncertainty, and because the preceding
mari of the proviso was alleged TO cover the
ground sufficiently. - g,.uE ,... :,
The provision in Section regarding additional
oaths or tests Of electoral qualifications Was not
contained, at least specifically, In, the old Con-
stitution. There are some other changes IN the
Article, but relating mainly TO phraseology and
.RTIcLE EIII-pIsTRIBUTIoS OF POWERS.
This Article IL identical with that of the old
Constitution-diyidng the powers Of the Gov:
eminent into Legislative, Executive and Judicial
Departlnents each separate and distinct from the
O'Hs ARTICLE 1v-LEaIsLATIyE DEPARTMENT.