Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-12-16
CONSTITUTION OF NEVADA.
CONSTITUTION OF NEVADA.

The following is a complete and correct
abstract Of the Constitution of the State Of
Nevada, adopted on the seventh day Of Sep
TENDER. tits 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: .I.
Preceding the Constitution proper Is n resolu.
ton adopting the Constitution of the United
States and IN ordinance forever prohibiting sla'
very, securing perfect religious liberation, dis
claiming forever all right and title to unappTopri
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-resi.
dents shall not be taxed higher than lands of citi
zens ofthe proposed State. These enactnents are
made in compliance with the terms of the Ena
bling Act, and are declared irrevocable without
the consent Of the United States and of the people
Of the State of Nevada
The preamble 10 the Constitution ia the same
as that Of the old Constitution. II 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 eSta6-
lish this Constitution"
ARTICLE I-DECLARATIOE 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
plitcation 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
EN-, 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; snbVert or resSt the supreme authority
of the Government of the United States. The
Constitution of the United States confers full
power on the Federal Government 10 maintain
and perpetuate its existence, and whensOever 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" ''...s
Section 3 establishes the right of trial by jury,
but provides that three.fourths of a jury in any
civil case may find O verdict unless the Legisla
ture by two.thIrds vote shall require such YER
diets TO be unanimous.
and freedom of conscience. No person to be ex.
cluded as witness on account of religious opin'
ions.
Section S secures the writ of habeaS corpus
except in cases of rebellion or invasion.
Section prohibits excessive bail, cruel or I'M
usual punishmcnts etc
Section requires that all persons accused shall
be bailable except for capital ofenses.
Section prohibits trials for crime except on
presentment or indictment, and establishes the
usual safeguards to personal and property rights
Section secures the freedom of speech and Of
the press, and allows the truth TO be given In ev
Idcnce in actions for libel, by way classification
Section 10 establishes the right Of the people ia
hold public meetings, etc.
Section II subOrdinates the military to tue civil
power, prohibits standing army in time of peace
and limits army appropriations in time OF war &c
two years
Section 10 forbids the bllleting of soldiers.
Section b. Representation shall be apportionec
according 10 population. ....
Section IA requires the exemption of reasonable
amount of property from execution for debt, anG
torbds imprisonment for debt, except in case o.
fraud libel or SANDER"
Section Is furbids the passage of any bill Of ut
tAinder ex post facto law, or law inpRiring thu
obligation of contracts.
Section IL secures TO foreigners, on becoming
bona fide residents the same property rights ~
native.bOrn citizens
Section II prohibits slavery. ...,.
Section ls protects the people against uDreas
enable searches and seizures, and restricts tile Is
suing of search warrants,
Section 10 defines treason against the State (a'
10 the United States Constitution, and requires
for conviction the testimony of two witnessed
TO thessme overt act, confession in open Court
Section 90 reserves to the people any ana al
rights not enumerated.
The most considerable change from the OLE
Constitution in this Article Is in the paramount
allegiance" clause of Section 2, which In the ole
Constitution read thus " But the paramount al
legiance Of every citizen is due to the Fedora
Government and no power exists In the people
of this or any other State In the Federal Union u
dissolve their connection Herewith, or perform
any act tending TO impair, subVert or resist th'
supreme authority of the Government of thu
United States. 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, orpeo
pie thereof, attempt TO secede from the Fedora
Union CT forcibly resist the execution OF its laws
the Federal Government may, by warrant of tn
Constitution, employ armed force In compelling
| obedience to It's 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 Islander" were inserted
| In Section IA, relative to imprisonment for debt
| on account of the adoption of stringent Prov
sIons for the prevention and punishment ofduellin
The provision in Section 10; relative TO con
victions of treason, was not contained in the oil
| Constitution. .r.. ..r|
ARTICLE H-RIGHT OF SUFFRAGE.
Section confers the right Of suffrage on ever.
white male citizen OF the United states, twenty
| one years of age and upwards, "who shall hAv
| actually and not constructivcly resided in tn
| State six months, and In the district or count
| thirty days next preceding any election :; pre-
vidcs that no person convicted oftreason or felon
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, sha
have voluntarily borne arms against the Unite
| States or held civil or military office under TN
| so.called Confederate States or either OF Shen
unless an amnesty be granted to such by Ill
| Federal Government, and no idiot or insane per
son. shall be entitled to the privilege of electoi
Section provides that no person shall .
deemed to have gained or lost residence TOT IN
purpose of voting while In the service OF IN
| United States, while student IN any seminary
\ learning, nor while kept in any alnshouse' ssy
\ lum or prison at the public expense.
Section 3 secures the right of suffrage TO unte
\ States soldiers and SailorE No poll tax or regis
tratlon Is required of such voters.
Section prohibits arrests Oh civil process U
| election days. .
Section S provides that all elections by the pee
pie shall be by ballot, and by the Legislator
| RIGA uoce .-.....E-,
Section requires the enactment Of regiltr.
law, and authorizes the Legislature TO prescrio
rules or oaths as tests Of electoral qualification
Section requires the leyying Of an annual POI
tar Of from two to four dollars on all male res
dents between the ages of twenty'one and SKI.
4 wears of age, uncivillzed American II dams sH
copied Ione-halfto go for State and 'one-hsll 70
1 county purposes. The payment Of such tax may
| In the discretion of thB Legislature, be maze
condition TO the right of voting.
1 Section relates TO the qualifications o. Vo!er
on the adoption or rejection of this CONSTITUTION
In Section tie words actually and NOT con
structiyely" were not in the old ConsntptuloD'
They were inserted to prevent the 'pos1olnty
/ reckoning the residence or the voter from "
4 tlme he lesveT some other State or couny ~ y
come 70 Nevada In the last paragraph OF m
i sectioi, after idiot or insane" the words y .
| disIoyal person" occurred in the old Csnsututon
The;s were stricken out on the ground of vague
/ neSS and uncertainty, and because tho precedipl
part of the proviso waS alleged to cover I'M
ground sufficiently. u.- n, IT., ladd,,tona
| The provision in Section regarding saa,ion S