Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-12-05
CONSTITUTION OF NEVADA.
CONSTITUTION OF NEVADA.

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 a 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 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.resl.
dents shall not be taxed higher than lands of citi
gems 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 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 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 a more perfect Government, do estab-
lish this Constitution"
ARTICLE I-DECLARATIoE OF RIGHTS.
Section declares all men by nature free and
equal, possessing certain inalienabk rights, ETC.,
the language of the section being merely an am
pIfeatOn 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 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 TO maintain
and perpetuate its existence, and whensoeyer 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 three-fourths Of a 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 4 requires perfect religious federation
and freedom of conscience. No person to be ex.
cluded as witness on account Of religious opin'
ions.
except in cases of rebellion or invasion.
Section 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
presentment or indictment, and establishes the
usual safeguards as to personal and property rights
Section secures the freedom of speech and Of
the press, and allows the truth 10 be given In ey'
idence in actions for libel, by way Capitalization
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 ~ forbIds the billeting of soldiers.
Section Is. Representation shall be apportioned
according TO population.
Section IL requires the exemption OF q reasonable
amount of property from execution for debt, ano
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 fscto law, or law impairing the
obligation of contracts
Section IL secures TO foreigners, on becoming
bona fde residents, the same property rights al
native-born citizens
Section II prohibits slavery.
Section l6 protects the people against unreas
enable searches and seizures, and restricts the it,
suing of search warrants
Section l9 defines treason against the State las
in the United States Constitution), and requires
for conviction "the testimony of two witnesses
to the same overt act, or confession In open Court
Section % 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 2 which in the old
Constitution read thus: But the paramount al.
legiance 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 perpetuste lis existence,
and whensoever any portion Of the States, or PEG,
pie thereof, attempt to secede from the Federal
Union or orcibly 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 proVl
ded for In the article on Legislative Department;
The words Libel or Islander" were inserted
in Section IA, relative to imprisonment for debt
on account of the adoption of stringent proyi'
sions for the prevention and punishment ofduelinG
The provision in Section 49, relative TO con
victions of treason, was not contained in the Ole
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 months, and in the district or county
thirty days next preceding any election !" pro
yides that no person convicted oftreason or felony
In INV 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 eeetor
Section 2 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 3secures the right Of suffrage 10 United
States soldiers and sailorE No poll tax or regis.
tration is required of such voters
Section 4 prohibits arrests on civil process on
election days
Section 5 provides that all elections by the peo-
pie shall be by ballot, and by the Legislature
utud uoee.
Section 6 requires the enactment Of q registry
law, and authorizes the Legislature to prescribe
rules or oaths as tests of electoral qualification.
Section 7requires the levying 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, unclyilzed American 1rdians ex-
cepted, one hslfto 60 for State and one-hRlf for
county purposes The payment Of such tax may,
in the discretion of the Legislature, be made
condition TO the right Of voting.
Section relates to- the qualifications ofEoters
on the adoption or rejection of this Constitution
In Section tie words actually and not con-
structiyely" were not in the old Constitution
They were inserted TO prevent the possibility OF
reckoning the residence or the voter from the
time he leaves some other State or county to
come to Nevada In the last paragraph OF the
section after idiot or insane" the words " or
dsloyal 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 wss alleged to cover the
ground sufficiently
The provision IN Section regarding additional
oaths or tests of electoral qualifications was not
contained, at lesst specifically, in the old Con-
stitution There are some other changes In the
Article, but relating mainly to phrsseology and
arrangement
ARTICLE REDISTRIBUTION OF POWERS.
This Article is identical with that of the old
~ -d;yidin0 nnxrara nf the Gov.