Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-12-09
7-s7=- = 49, e '-aiita lsst5t4li-a-- 49,
CONSTITUTION OF NEVADA.
CoNsT1TUTIoN OF NEVADA.

NEVADA, adopted on the seventh Gay oi oeP'
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 is a resolu:
ton adopting the Constitution of the United
States and an ordinance forever prohibiting sa
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 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 cit
zcns ofthe proposedSt These enaetments are
made in compliance with the terms of the En1
bling Act, and are declared irrevocable 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 ::
We, the people of the State of Nevada, CRATE
full 10 Almighty God for our freedom, in order to
secure its blessings, insure domestic tranquility
and form more perfect Government, do cstab-
lish this Constitution"
ARTICLE I-DEcLARATIoN OF RIGHTS.
Section declares all men by nature free and
equal, possessing certain inalienabe rights etc,
the language Of the section being merely IN 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
ers, rs 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
ufa pf IN tn nlt.nf Ini-
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 conters full
power on the Federal Government 10 maintain
and perpetuate its existence, and whensoever any
portion of the States, or people thereof, attempt
70 seccde 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 to
its authority"
Section 3 establishes the right OF trial by jury,
but provides that three-fOurths of jury In any
civil case may fud verdict unless the J.egisla.
ture by two-thirds vote shall require such YER
diets 10 be unanimous.
Section requires perfect religious federation
and freedom of conscience. No person to be ex.
cluded IN II witness on account OF religious opin.
ions.
Section secures the writ Of habeus corpus,
except In cases Of rebellion or invasion
Section prohibits excessive bail, cruel or UNI
usual punishments, etc
Section requires that all persons accused shall
be baable, except for capital oifenSes.
Section prohibits trials for crime except OH
preseutment or indictment, and establishes the
usual safeguards o. to personal and property rights.
Section 9 secures the freedom of speech and OF
the press, and allows the truth to be given in ev.
idcncc, In actions for libel by way of Justification
Section 10 establishes the right of the people to
hold public meetings, etc.
Section IL subordnates the military 10 the civil
power, prohibits standing army IN time of peace,
ind limits army appropriations in time Of war to
two years.
Section l2 forbids the billetlng of soldiers
Section u. Representation shall be npportioned
according TO population.
Section II requires the exemption ola reasonable
amount Of property from execution for debt, and
iOrbids imprisonment for debt, except in case OF
fraud, libel or SANDER"
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 10 foreigners, on becoming
bona tide residents the same property rights rs
native-bOTn citizens.
Section II prohibits slavery.
Section IL protects the people against unreas'
enable searches and seizures and restricts the H.
suing Of search warrants.
section ~ ueU0tS lredhOu hBdluSL iHe chhhc Neh
in the United States Constltuton), and requires
for conviction the Testimony Of two witnesses
10 the same overt act, or confession in open Court
Section ~ reserves to the people any and oil
rights not enumerated.
The most considerable change from the old
Constitution in this Article is In the paramount
allegiance" clause of Section Q, which in the Old
Constitution read thus But the paramount al.
legiance of every citizen Is due 10 the Federal
n NJ pNigfa in the ntODle
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 whensoeyer any portion of the States, or PEG.
pie thereof, attempt 10 secede from the Federal
Union, or foTcby resist the execution of its laws,
the Federal Government may, by warrant of the
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 SANDER" were inserted
In Section II, relative to imprisonment for debt,
OH account of the adoption of stringent proTi-
sionsfO the prevention ndpunShment otduelling
The provision in Section ~, relative 10 con.
victiohs Of treason, was not contained IN the old
Constitution. -.-. ..e-. .f.srezrr.. q, r--r
-. ARTICLE n-RIGHT Oh 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-
vides that person convicted OftreRson or felony
in any State or Territory of the United States,
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 StateR, or either of them,
unless an 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 n student In any seminary of
learning, nor while kept in any alnshouse, asy-
lum or prison at the public expense.
Section 3 secures the right Of suffrage 10 United
States soldiers and salors. No poll tax or regis
tratiOn 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
pfpa uOee.
Section requires the enactment of O registry
law, and authorizes the Legislature TO prescribe
rules or oaths as tests Of electoral qualification
Section Z requires the levying of an annual poll
tax of from two 10 four dollars, all male resi-
dents between the ages Of twenty-one and sixty
years of age, uncivilized American Irdans ex-
cepted, one.halfto 60 for State and one.half for
county purposeS The payment Of Snch tax may,
in the discretion of the Legislature, be made a
condition.to the right of voting. '-EHy.FSF.s
Section relates to the qualifications of voters
on the adoption 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
section, after " idiot or insane" the words " or
disloyal person" occurred In the old Constitution
These were stricken out oil 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-
stitution. There are some other changes In the
Article, but relating mainly to phraseology and
arrangement .s. ... ..a ..a .,
ARTICLE III-DIsTRIBuTIoH OF POWERS.
This Article Ia identical with that OF the old
Constitution-dviding the powers Of tho Gov,
eminent into Legislative, Executive and Judicial
u Il