Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-09-29
CONSTITUTION OF NEVADA.


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 unappropr
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.rss-
dents shall not he taxed higher than lands Of clt-
zens ofthe proposed state. These enHctnents are
made in compliance with the terms of the EnA.
bling Act, and are declared irrevocable without
the consent of the United States aud ofthe people
of the State Of Nevada
The preamble to the Constitution Is the same
'as that of the old Constitution. 1t reads thus !:
We, the people of the State of Nevada, CRATE.
ful to Almighty God for our freedom, iu 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 nalienable rights, etc,
the language of the section being merely On am
plifcation 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 tho paramount allegiance
of every citizen is due to the Federal Govern
nlent in the exercise of all its constitutional pow
eTs, III 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
- h.. IS kl,a lis h.
Constitution Of the United States confers full
power on the Federal Government TO maintain
and perpetuate its existence, and whensoeYer any
portion of the Suites, or people thereof, attempt
TO seccde from the Federal Union, or forcibly re-
sist the execution of its laws, the Federal Gov
ernmpnt 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 jury in any
civil case may find a verdict unless the Legisla
ture by two-thrds vote shall require such YER
diets to be unanimous.
Section 4 requires perfect religious liberation
and freedom of conscience. No person to DO ex-
cluded as a witness OH account Of religious opin-
ions.
Section S secures the writ Of habeaI corpus
except in cases of rebellion or invasion.
Section 6 prohibits excessive bail, cruel or un-
usual punishmentS, etc
Section requires that all persons accused shall
be bailable, except for capital Offcnses
Section 9 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-
dence, in actions for libel, by way classification.
Section ~ establishes the right of the people TO
hold public meetings, etc.
Section II Snbordnates the military to tho civil
power. prohibits standing army in time of peace,
and limits army appropriations in time of war to
two years. .',
Section l2 forbids the billoting of soldiers.
Section l3 Representation shall be spportioned
according to population.
Section II requires the exemption Of a reasonable
amount of property from execution fer debt, and
fnrbids imprisonment for debt, except In case Of
fraud, libel or slander."
Section Is forbids the passage Of my bill OF at
thinder ex post facto law, or law impairing the
obligation ofcontracts.
Section 10 secures TO foreigners, on becoming
bona tide residents, the, same property rights as
native born citizens.
Section IL 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 Constitution), aud requires
for conviction the testimony of two witnesses
TO the same overt act, confession in open Court
rights not enumerated.
The most considerable change from the old
Constitution in this Article il 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
dissolve their connection Herewith, or perform
any oct tending to impair, subvert or resist the
supreme authority of the Government of
United States. The Constitution of the United
states confers full power on the Federal Govern
uent TO maintain and pcrpetuate its exIsteucc,
and .whensOevGr any portion of the States or peo.
pie thereof, attempt 10 secede from the Federal
Union or forcibly resist the execution ofits laws,
the Federal Government may, by warrant of the
Constitution, employ armed force in compelling
obedience 10 its authority" ..-......'. ..
Section II of the old Constitution, prohibiting
the Legislature from granting special privileges,
ETC., was stricken out, being sufficiently provi-
ded for in the article on Legislative Department:
Tho words :" libel or SANDER" were inserted
In Section Il, relative to imprisonment for debt,
on account of the adoption of stringent provi-
sions for the prevention and punishment ofdueling
The provision in Section 10, relative TO con-
victions of treason was not contained IN the old
Constitution.
ARTICLE II-R6HT OF SUFFRAGE.
Section confers the right Of suffrage on every
white male citizen of the United states twenty.
one years Of age aud 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.
vides thar person convicted oftreasnn 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,
.k.ar tn hxyit
Federal Government, and no idiot or insane per.
SON. shall be entitled TO the privilege of IN 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 III any seminary of
learning, nor while kept in any almshouS, 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 Is required of such voters. ... y 81 ii.
Section prohibits arrests on civil process on
election days. ..:...a- -.,.- .-- ....
Section provides that all elections by the peo.
pie shall be by ballot, and by the Legislature
rird g0ce.
Section 6 requires the enactment Of registry
law and authorizes the Legislature 10 prescribe
rules or oaths as tests Of electoral qualification
Section requires the levying Of an annual poll
tax of from two 10 four dollars on all male resi-
dents between the ages of twcnty-one and sixty
cepted, onthsif to go for State and ouc.half for
county purposes The payment of such tax may,
in the discretion of the Legislature, bo made q
condition 10 the right Ofvoting. .r .-r-3 r.
section relates to the qualifications Of voters
ON the adoption or rejection of this Constitution
In Section tie words actually and not con-
s,ructiyely" were not in the old Constitution,-
They were Inserted to prevent the possibility OF
recEu unipg 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
aec yion Hftrr 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
mart of the proviso waE alleged to cover The
ground sufficiently. ---.-,-..,,., ,,.,.s-.,
The provision in Section regarding additional
oaths or testsof electoral qualifications was not
contained, at least specifically, in the old Con-
stitutiou. There are some other changes In the
Article, but relating mainly to phrsSeoIosy and
ARTICLE nr.-DIsTRIBUTroNo OF POWERS.
This Article Il identical with that OF the old
ronxtitution-dividing the powers Of the Gov
srnment into Legislative Executive aud Judicial
pepartuients, each separate and distinct from the
others
ARTICLE Iv-LEGIsLATIvE DEPARTAEST.aE
provides for biennial sessions, TO commence on
the first Monday Of January following the cleo
lion of members General elections are 10 be
80 -, ,ba Tnasday after thb first Monday Il,