Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-11-12
ooNsT1Tur1oN:oF NEVADA.


venient for reference:
Preceding the Constitution proper is resoIu.
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.
aied public lands, which left to the sole dis
position of the United States cxemptinp 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 ci-
zeus Ofthe proposed state. These enactmepts are
made in compliance with the terms Of the Ena
bling Act, and arc declared irrevOcable without
the consent of the United States and of the people
Of the State Of Nevada.
The preamble 10 the Constitution Ii the same
As that of the old Constitution. II reads thus
:. WE. the people of the State Of Nevatla, CRATE.
full TO Almighty God for our freedom, in order TO
secure its blessings, insure domestic tranquility
and form more perfect Government, do rstab.
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
nliHcntinn 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 ofall 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 10 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
Con titutiOn of the United States confeTs full
power on the Federal Government TO maintain
and perpetuate Its existence, and whensoever any
,i,tu nj no SIufpS
TO sccedc from the Federal Union, or forcibly re.
sist the execution of its laws, the Federal Gov
eTnmrnt may, by warrant Of the Constitution,
employ armed force in compelling obedience 10
its authority
Section establishes the right of trial by jury,
but provides that three.fourths Of jury in any
civil case may find verdict unless the Legisla
turr 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-
cuded as witness on account Of religious opn.
ions.
Section 5 secures the writ of habcas corpus,
except in cases Of rebellion or invasion
Section g prohibits excessive bail, cruel or I'M
usual punishmeuis etc
Section requires that all persons accused shall
be bailable, except for capital otfenses.
Section prohibits trials for crime except on
prrseutmeni or indictment, and establishes the
usual safeguards rs 10 personal and property rights.
Section q secures the freedom of speech and of
the press, and allows the truth TO be given In ev-
ideuce in actions for libel By way classification.
Section 10 establishes the right of the people 10
hold public meetings, etc.
Section IL subordinutes 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 u forbids the blcting of soldiers
Section H. Representation shall be apportioned
according to population.
Section II requires the exemption of q rcasonahle
amount OF property from execution for debt, and
tOrbids Imprisonment for debt, except III case OF
fraud libel or SANDER
Section Is forbidS the passage of any bill OF at.
taindrr, eX post factu law, or law impaiTing the
obligation OF contracts.
Section IL secures 10 foreigners, on becoming
bona tide residents, the same property rights nS
naiive-born citizens
Section II prohibits slavery.
Section ls protects the people against unreas'
enable searches and seizures, and restricts the In
suing of search warrants
Section l9 defines treason against the State (as
in the United States Constitution, md requires
for conviction I" 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 !, 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 TO
dissolve their connection Herewith, or perform
any act tending 10 impair subvcrt or ress, the
supreme authority of the Government of the
United States. The Constitution of the United
states confcrs full power ON the Federal Govern
mrnt 10 maintain aud perpetuatc It's existence,
and whatsoever any portion of the States, Orpco
II. IH..1.r u
Union, or forcby 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 Libel or SANDER" were inserted
in Section II, relative 10 Imprisonment for debt,
on account of the adoption of stringent provi.
sons for the prevention and punishment otduelling
The provision in Section 10, relative 10 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 aud not constructively resided in the
State six months, and in the district or county
thirty DAYS next preceding any election !" pro-
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 IN amnesty be granted TO such by the
Federal Government, and no idiot or insane per-
son. shall be entitled 10 the privilege Of IN eeetor.
Section . provides that no person shall DC
deemed TO have gained or lost residence tor 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 ut the public expense.
Section secures the right Of suffrage TO United
States soldiers and sailors. Nc poll tax or regis
trution Is required Of such voters.
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
uivd uoce
Section requires the enactment of q 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 between the ages OF twenty-one and sixty
years of age, uncivllized American l dams ex'
cepted one.half to go for State and one-half Tor
county purposes The payment of such tax may,
in the discretion Of the Legislature, DO made
condition 10 the right Of voting.
Section relates to the gu ALLEGATIONS of voters
on the adoption or rejection of this Constitution.
In Section / tie words actually aud not con-
structively" 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 10
come 10 Nevada In the last paragraph OF the
sec ion, after Idiot or insane" the words " or
dlsloyal person" occurred in the old Contribution
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 In Section regarding additional
oaths or tests of electoral qualifications was not
contained at least specifically, In the old Con-
stitutiop There are some other changes In the
Article, but relating mainly to Phraseology and
arrangement
ARTICLE uI-DIsTRIBUTIoN OF POWERS.
This Article IA identical with that Of the old
Constitution-dividing the powers OF the Gov:
eminent into Legislative, Executive and judicial
Denart,uepts, each separate and distinct from tho
others.
Provides for biennial sessions to commence on
the first Monday of January following the cleo
tion of members General elections are 10 be
held on the Tuesday after the first Monday IN
November. Senators hold Office for four years
and Assemblvmen for two years. The usual
noyers Of parliamentary bodies are conferred.
So member NAV hold any office created during
his term until one year after the expiration OF
sucb term. No person holding lucrative once
,,ndnr tho limited States or any other Govern
ment can hold any office under the State except
ACCOMPLISHMENTS of Deeds, and Postmasters whose
comnensation does not exceed $50 per annum.
Embrzzlement defalcation and bribery are maae
disuualitcations for holding office. Inc SESSIONS
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