Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-10-24
CONSTITUTION OF NEVADA.

ABSTRACT OF the Consututlon 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-
venient for reference: ......
Preceding the Constitution proper is u resolu.
ton adopting the Constitution of the United
States and an ordinance forever prohibiting SID
very, securing perfect religious liberation, dis
claiming forever all right and title to nnapprOpri-
ated public lands, which are left to The sole dis
position Of the United States exemptiug from
taxation all lands and other property Of the Uni
ted States, and declaring that lands OF non.resi-
dents shallnot be taxed higher than lands of citi-
zens ofthe proposed State. These enRctments are
made in compliance with the terms of the Ina
bling Act, and ARE declared irrevOcablG without
the consent of the United States and of the people
of the State of NCyaln.
The preamble TO the Constitution is the same
rs that of the old Constitution 1t 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'
fish this Constitution
ARTICLE I-DEcLARATIoR OF RIGHTS.
Section declares all men by nature free and
equal possessing certain inalicnabe rights, etc,
the language of The section being merely am
plihcRtion Of the Declaration Of Independence.
Section J 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: g But the paramount allegiance
of every citizen is due IN the Federal Govern
ment, in the exercise fRllitS constitutional pow
crs, us the same have been or may bc 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 cOnfeTs tull
power on the Federal Government TO maintain
and perpetuate its existence, and whcnsOever any
portion of the States, or people thereof, attempt
10 secede from the Federal Union, or forclbly re-
sst the execution of its laws, the Federal Gov
eminent may, by warrant Of the Constitution
employ armed force i'll compelling obedience to
its authority
Section 3 establishes the right Of trial by jury,
but provides that three.fourths of u Jury in any
civil case may lind verdict unless the Legisa
turr by II twO.thirls vote shall require such yer.
diets 10 be unanimous.
Section requires perfect religious liberation
and freedom of conscience. No person to be tx.
cluded rs 4 witness on account 0f religious Opn-
IONS
Section ) secures the writ of hnbeas corpus,
except in cases Of rebellion or invasion.
Section d prohibits excessive bail, cruel or un-
usual punislnents, etc
Section requires that nj persons accused shnll
be bailabe, except for capital Oifcnses
Section 4 prohibits trials for crime except on
presentIneut or indictment, and establishes the
usual safeguards TO personal aud property rights
Section 9 secures the freedom of speech and of
the press and allows the truth 10 be given in er.
ldcucr, in actions for libel by way classification.
Section ~ establishes the right of the people to
hold public meetings, etc.
Section II subordinates the military Ia the civil
power, prohibits a standing army in time fpeace,
and limits army appropriations in time "i war to
two years.
Section 70 forbidS the billetng OF soldiers
Section IL. Representation shall he apportoned
according 10 population.
Section II requires the exemption Oin reasonable
amount of property from execution for debt, and
torbids imprisonment for debt, except in case OF
fraud, libel or Islander"
Section l. forbids the passage OF any bill Of NJ
thinder eX post facto law, or law impuiring the
obligation OF contracts.
Section IL secures TO foreigners, ON becoming
bona tide residents, the same property rights rs
naiive.bOrn citizens
Section II prohibits slavery.
Section Is protects the people against unrr;iS
enable searches und seizures, ind restricts the IT,
suing of search wurrantS
Section 10 defines treason against the STATE (il'
in the United States COnstitutiOn), and requires
for conviction q" the testimony of two witnesses
10 the same overt act, or confession i'll open Court
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 2, which i'll the Ole
Constitution read thus " But the paramount al
legiance vi every citizen is due to the Federal
Government; and no power exists i'll the people
of this or any other State in the Federal Union Il
dissolve their connection herewith, or perform
any act tending 10 impair. subrert 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 It's existence,
and whensoever any portion Of the States, orpeo,
pie thereof, attempt TO secede from the Federal
Union. or torcby 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 Islander" were inserted
in Section H. relative TO Imprisonment for debt
on account of the adoption of stringent prOri'
sionsfor the prevention und punishment ofduellng
The provision in Section ~, relative TO con
victions of treason, was not contained In the old
Constitution.
ARTICLE II-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 months, and in the 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
so.called Confederate States, or either OF them,
unless an amnesty bc 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 studentiu any seminary Of
learning, nor while kept in any almshouse, aSy'
lum or prison at the public expense.
Section secures the right of suffrage 10 United
States soldiers and sailors. No poll tax or regis
tration ~ required of such voters.
Section prohibits arrests on civil process nu
election days.
Section provides that all elections by the PEG
pie shall BIZ by ballot, and by the Legislature
rira rOce
Section requires the enactment OF registry
law, and authorizes the Legislature 10 prescribe
rules or oaths rs tests Of electoral qualification.
Section requires the lcvying of an annual poll
tax of from two TO four dollars, oil all male resi-
dents between the ages of twonty.one and sixty
years of age, unclvilized American I=dians ex
cepted, onc.halfto go for State and one-half for
county purposes. The payment of such tax may
in the discretion of the Legislature, BE- made d
condition to the right Of voting.
Section relates to the qualifications of voters
on the adoption or rejection of this Constitution
In Section tie words actually and not con
structively" were not in the old Constitution
They were inserted 10 prevent the possibility oil
reckoning the residence or the voter from the
time he leaves some other State or county 10
come to Nevada In the last paragraph OF the
section, after idiot or insane" the words " OF
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 WIS alleged 10 cover tht
ground sufficiently.
The provision in Section regarding additions
oaths or tests of electoral qualifications was moi
contained at least specifically, in the old Con
stitutiou, There are some other changes in the