Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-11-22
ooNsr1Tur1oN;oF NEVADA.

Inc 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-
yenient for reference:
Preceding the Constitution proper is resolu.
ton adopting the Constitution of the United
states and an ordinance forever prohibiting sla-
very, securing perfect religious liberation dis
claiming forever all right and title to unRppropri-
ated public lands which IRE 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 eiti
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:
I'VE, 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-
lish this Constitution"
ARTICLE I-DECLARATIoS 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.
plitication 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 10 the Federal Govern.
ment in the exercise of all Its constitutional pow
ers, as the same have been or may be defined by
Il. ra,, IS fniN GkONn
power exists in the people Of this or any other
State of the Federal Union to dissolve their con-
nection Herewith, or perform any oct 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 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.
eminent 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 threefourths of Il jury in any
civil case may find verdict unless the Legisla
ture by two-thirds vote shall require such YER
diets to be unanimous.
section requires perfect religious liberation
and freedom of conscience. No person to be ex-
cluded as a witness on account Of religious opin.
ions.
Section 5 secures the writ of habeas corpus,
except in cases of rebellion or invasion.
Section prohibits excessive bail, cruel or I'M
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 asto personal and property rights
Section . secures the freedom of speech and of
the press aud allows the truth 10 be given IN ev-
idcnCe, in actions for libel by way classification
Section 10 establishes the right of the people TO
hold public meetings, etc.
Section II subordnates 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 10 forbids the billetlng of soldiers.
Section H. Representation shall be apportiOned
according 10 population.
Section IA requires the exemption of reasonable
amount of property from execution for debt, and
forbids Imprisonment for debt, except in case of
fraud, libel or SANDER"
Section Is forbids the passage of any bill of at.
tainder, ex post facto law, or law impairing the
obligation of contracts.
Section IL secures to foreigners, on becoming
bona tide residents, the same property rights as
native born citizens.
Section II prohibits slavery.
Section IL protects the people against unreas-
enable searches and seizures, aud restricts the is
suing of search warrants.
Section ~ defines treason against the State (as
in the United States constitutional and requires
for conviction the testimony of two witnesses
10 the sumc overt act or confession in open Court.
Section 20 reserves to the people any and all
rights not enumerated
The most considerable change from the old
Constitution in this Article is in the paramount
allegiance" clause of Section 3 which in the old
Constitution read thus But the paramount al
lcgiance 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 10
dissolve their connection 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 Govern
ment to maintain and perpetuate its existence,
and whenSoever any portion Of the States, or PEG.
Pile thereof attempt 10 Secedc from the Federal
Union, 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 II 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 SANDER" were inserted
in Section IA, relative to imprisonment for debt,
on account Of the adoption of stringent prov.
sions for the prevention and punishment ofduelling
The provision in Section l9, relative to con-
vctions OF treason, was not contained In the old
Constitution.
ARTICLE II-RIGHT OF SUFFRAGE.
Section l conters 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 consructiyely resided in the
State six months, and in the district or county
thirty days next preceding any election" pro-
vides 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
so-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 elector
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 student in any seminary of
learning nor while kept in any almshouse asy-
lum or prison at the public expense.
Section 3 secures the right Of suffrage 10 United
States soldiers and sailors. Nc poll tax or regis.
tration IL required Of such voters.
Section prohibits arrests on civil process on
election days.
Section S provides that all elections by the peo-
pie shall be by ballot, and by the Legislature
uird roce
Section requires the enactment of registry
law, and autnOrlZeb tue Legislature piesCiloo
rules or oaths as tests of electoral qualification.
Section requires the leyyng Of an annual poll
tax of from two TO four dollars on all male resi-.
dents between the ages of twenty.one and sixty
years of age, uncivllized American l. diana ex.
cepted, one.halfto go for State and one'half for
county purposes. The payment Of such tax may,
in the discretion Of the Legislature, be made
condition TO the right Of voting. ..a
Section relates TO the qualifications of voters
on the adoption or rejection Of this Constitution.
In Section ! tie words actually and not con.
structivey" were not in the old Constitution
They were inserted to prevent the possibility Of
reckoning the residence or the voter from the
time be leaves some other State or county to
come TO Nevada In the last paragraph Of the
section, after idiot or insane" the words or
disloyal person" occurred in the old Constitution.
These were stricken out on the ground of vague.
ness and uncertainty, and because the preceding
part of the proviso was alleged to cover the
ground sufficiently.
The provision i9 Section regarding additional
oaths or tests Of electoral qualifications was not
contained, at least specifically in the old Con-
stituton. There are some other changes in the
Article, but relating mainly to phraseology and
arrangement.
ARTICLE In-DIsTRIBUTIoS OF POWERS.
This Article Is identical with that Of the old
Observation-Disclosures the powers Of the Gov.