Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-11-19
coNsT1TuT1oN,oF NEVADA.

nooSAoSs " S4ASs SohoAbubAoh VI tue olate oil
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.
venient for reference:
Preceding the Constitution proper ia A resoIu.
ton adopting the Constitution of the United
States and an ordinance forever prohibiting Ma
very, securing perfect religious federation. dis.
claiming forever all right and title TO unappropri
ated public lands, which are left to the sole dis
position Of the United States; cxempting 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 cit
zens ofthe proposed State. These enactments are
made in compliance with the terms of the Fna
bling Act, and are declared irrcvocable without
the consent Of the United States and of the people
of the State of Nevada.
The preamble to the Constitution il the same
as that of the old Constitution. 1t 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 estab.
lish this Constitution"
ARTICLE I-DEcLARATIoN 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.
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 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 Government 10 maintain
and perpetuate its existence and whensoever any
portion of the States, or people thereof, attempt
10 secede from the Federal Union, or fOrcibly re.
Bist the execution Of its laws, the Federal Gov
eminent may, by warrant If the Constitution,
employ armed force In con prlling obedience to
its authority"
Section establishes the ri ;ht of trial by Jury,
but provides that three.four hs of jury in any
civil case may find verdict unless the Legisla
ture by a two'th!rds vote shall require such YER
diets TO be unanimous
Section requires perfect religious liberation
and freedom Of conscience. No person to be ex.
ions.
Section secures the writ OF habeas corpus,
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 g prohibits trials for crime except on
presentment or Indictment and establishes the
usual safeguards as 10 personal and property
Section 9 secures the freedom OF speech and of
the press, and allows the truth to be given in ev
idencc, in actions for libel by way classification.
Section 10 establishes the right Of the people TO
hold public meetings, etc.
Section II suboriinates 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 IL forbids the billcting of soldiers.
Section -. Representation shall be apportioned
according TO population.
Section II requires the exemption off reasonable
amount Of property from execution for debt, and
forbids Imprisonment for debt, except in case OF
fraud, libel or SANDER"
Section Is forbids the passage Of any bill Of at
tainder, ex post factO law, or law impairing the
obligation of contracts.
Section IL secures to foreigners OH becoming
bona tide residents the same property rights ~
native. born citizens.
Section II prohibits slavery.
Section ls protects the people against unreas'
enable searches and seizures. and restricts the s-
suing of search warrants.
Section 10 defines treason against the State (as
in the United States ConsttutioD), and requires
for conviction the testimony of two witnesses
to the same overt act 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.
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, 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 perpetuate its existence,
and whensoever any portion Of the States, or peo-
pie thereof, attempt to secede from the Federal
Union or forcibly 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, us being sufficiently provi'
ded for in the article on Legislative Department.
The words libel or Islander" were inserted
in Section Ii, relative TO Imprisonment for debt,
on account of the adoption of stringent provi-
sions for the prevention and punishment Ofduellng
The provision in Section 10, relative TO con.
victons 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 and not constructively resided in the
State six months, and in the district or county
thirty days next preceding any election pro
vdes that no 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
so.caled 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 TO the privilege Of an 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 a 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. Nc poll tax or regis.
tration Is required of such voters
Section prohibits arrests on civil process on
election days
Section 5provides that all elections by the PEG.
pie shall be by ballot, and by the Legislature
piIa poce.
Section 6 requires the enactment of registry
law, and authorizes the Legislature to prescribe
rules or oaths tests of electoral qualification.
Section requires the levylng 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, uncivllzed American L. dians ex.
cepted, one-half to 60 for State and one-half for
county purposes The payment of such tax may
In the discretion of the Legislature, be made n
condition to the right of voting.
Section 9 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 possibility OF
reckoning the residence or the voter from the
time he leaves some other State or county 10
come TO Nevada In the last paragraph of the
sec lion, after Idiot or insane" the words I" or
disloyal 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 provlso was alleged to cover me
ground sufficiently.
The provision In Section regarding additional
oaths or tests Of electoral qualifications was not
contained at least specifically, in the old Con.
Stitutlon. There are some other changes In the
Article, bu: relating mainly to phraseology and
arrangement. r....
ARTICLE uI-DIsTRIBuTIoN OF POWERS.
This Article is identical with that Of the old
Notwithstanding the powers Of the Gov:
eminent into Legislative, Executive and Judicial
Departments, each separate and distinct from the
others.
ARTICLE Iv-LEaIsLAT1vE DEPARTMENT.
Provides for biennial sessions, 10 commence on
the first Monday Of January following the cleo
ton Of members General elections arc to be
held on the Tuesday after the first Monday IN
November. Senators hold Office for four years
and Assemblymen for two years. The usual