Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-11-29
CONSTITUTION OF NEVADA.
CONSTITUTION OF NEVADA.

The following is compete anu coIIec'
abstract Of the Constitution ofthe State Of
Nevada, adopted on the seventh day Of Sep
TENDER. It is greatly condensed, occupying
but 4 fraction Of the room required for the
publication of the whole document, but Will
be found equally useful and far mote con-
venient for reference: - - ., '-' -.
Preceding the Constitution proper is a resolu.
ton adopting the Constitution Of the Uniteu
States and an ordinance forever prohibiting sa'
very, securing perfect religious toleraton, dis
claiming forever all right and title to unSpproPrl-
ated public lands, which are left to the sole dis
position of the United States; exemptng from
taxation all lands and other property Ot the UNI
ted States and declaring that lands OF non'resl-
dents shall not be taxed higher than lands of citi
zens ofthe proposed State. These enaGments are
made in compliance with the terms Of the Ena
bling Act, and are declared Irrevocahe 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
lish this Constitution"
Section declares all men by nature free and
equal, possessing certain inaienable rights, etc,
the language of the section being merely an am
plihcation 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 wtensoever any
portion of the States, or people thereof, attempt
10 secede from the Federal Union, or forcibly re-
sst the execution Of its laws the Federal Gov
eminent 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 throe-fourths Of 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 witness on account Of religious opin-
ions. ..r
Section secures the writ of bsbeas corpus,
except in cases of rebellion or invasion.
Section 6 prohibits excessive bail, cruel or I'M
usual punishments, etc
Section requires that all persons accused shall
be bailable, except for capital Otfenses
SECTION G prohibits trials for crime except on
presentment or indictment, and establishes the
usual safeguards as personal and property rights
Section 9 secures the freedom Of speech and Of
the press and allows the truth to be given in ev-
idence In actions for libel by way classification.
Section 10 establishes the right Of the people TO
hold public meetings, etc.
Section II subordinates 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 billeting of soldiers.
Section -. Representation shall be apportioned
according to population.
Section IA requires the exemption OF a reasonable
amount Of property from execution for debt, and
forbds Imprisonment for debt, except in case of
fraud libel or slander.'
Section Is forbids the passage of any bill of at
thinder, eX post facto law, or law impairing the
obligation of contracts
Section IL secures TO Foreigners on becoming
bona ide residents, the same property rights as
native.bOrn citizens.
Section II prohibits slavery.
Section ls protects the people against unreas'
enable searches and seizures and restricts the is.
suing of search warrants.
Section l9 defines treason against the State (aS
in the United States Constituton) and requires
for conviction 1.-THE testimony of two witnesses
u the same 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 ., which in the old
Constitution read thus: But the paramount al.
| legiancc of every citizen is due 10 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 to impair, subvert or resist the
supreme authority OF the Government Of the
United StsteS The Constitution of the United
states confers full power on the Federal Govern
ment to maintain and perpetuate its existence,
and whatsoever any portion Of the States, or PEG.
| pie thereof, attempt TO secede from the Federal
Union, or forcbly resist the execution off 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., stricken out, as being sufficiently provi'
ded for in the article on Legislative Department.
The words Libel or SANDER" were inserted
| in Section L. relative TO Imprisonment for debt,
on account of the adoption of stringent prori.
slons for the prevention and punishment ofduellnG
The provision in Section 10, relative TO con-
Yctions of treason, was not contained In the old
| Constitution.
| ARTICLE u-RIdHT 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 electlOnS' pro-
vides that 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
socaled Confederate States, or either of them,
| unless an amnesty be granted 10 such by the
| Federal Government, and no idiot or insane per-
son. shall be entitled to the privilege of eleetor
Section 9 provides that no person shall be
deemed to have gained or lost residence for the
purpose of voting while in the service OF tne
United States, while student in any seminary Of
learning, nor while kept in any almshouse, asy'
lum or prison at the public expense.
Section secures the right of suffrage TO United
States soldiers and sailors. No poll tax or regis
| traiion IL 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
pird poce Z - - -. .. F..
Section 8 requires the enactment OF o registry
law, and authorizes the Legislature 10 prescribe
rules or oaths AZ tests of electoral qualification
Section requires the levying of an annual poii
tax Of from two to four dollars, on all male resi-
dents between the ages Of twenty one and sixty
years of age uncivilzed American lrdians ex-
cepted, one-halfto 60 for State and one'nali lor
county purposes The payment Of sucn TAX may,
in the discretion of the Legislature, be made
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 TO prevent the possaoln'y "
reckoning the residence or the voter rom ttie
time he leaves some other State or county 70
come to Nevada In the last paragraph OF tne
section, after idiot or insane" the words or
disloyAl person" occurred In the old Csnsututlon'
These were stricken out on the ground OF vague
ness and uncertainty, and because the pIecep!pps
part of the provtso was alleged 70 coFer 'ue
ground sufficiently Ht
The provision In Section regarding souiuona.
oaths or tests of electoral qualifications wss nor
contained, at least specifically, in the ola con
Stitution. There are some other changes 10 Ine
Article, but relating mainly to phraseology anu
arrangement
ARTICLE nI-pIsTRIBUT1oS OF POWERS.
This Article Ia identical with that OF Ine ola
Constitution-dividing the powers OF me S MJ,