Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-10-04
CONSTITUTIONS or NEVADA.

tember. is greatly condemned, occupying
but fraction Or the room required forthi
publication ofthe whole document. but vii
be found equally useful and far More con
yenient for reference: s.a.- ~as
Preceding the Constitution proper Is resolu
ton adopting the Constitution OF the Unftet
States and al ordinance forever prohibiting sla
very, securing perfect religions liberation, ts
claiming forever all right and title 70 unappropTi
ated public lands which af5 fgft 70 >ths SOLE dfG
position Of the United :ststes sxsmptlnE fEaz
taxation oil lands and other property Of the Uni
ted States; and declaring that iisnds Of h6n-Fesi
dents shall not be taxed higher ihsn landIof citi
zens ofthe proposed state. These enactmepts arr
made In: compliance. With The territ o. the EnA
bling Act, and are declared, irreyocable without
the consent Of the United States and 6fthk people
Of the State Of Nevsda.l3-cC2r 5gv CT .rfasg.
The preamble to the Constitution is the SAINT
as that Of the old Constitution! 1t reads thus
" We, the people of the StateroE Nevada, gTats
ful to Almighty God for our freedom, In order L
secure its blessings, insure domestic tranquility
and form more perfect Government, do estsb
lish this Constitution" ''''''t VA -'-''!- %
r ARTICLE I-DEcLARATfoE OF RIGHTS. ia
Section ldeclares all men BY nEture free and
equal, possessing certain inalienable rights ETC.
the Language Of fths section being merely an am
pllication Of the Declaration; of Independence
secrfon 5sysertg that the doctrine Of the inhe
rent politieelpow ofthe people, and their right
TO estsblish or change their form Of Government
and 'eontinteG " But the paramount allegiance
of every citizen . due TO the Federal Govern
nent, in the exercise Of all Its constitutional pow
ers, as the same have been or may be defined it1y
the Supreme Court Of the United States and NO
power exists In thu people Of this or any orhef
state of thRFederRl Union to dissolve their con.
t,an Nhara liz. e.
impair; subVert or resist th5 supreme authority
Of the Government Of the United, Ststes; The
Constitution of the United States conferS full
power on the Federal Government to maintain
and perpetuate It's existence, and Whensoeyer any
portion Of the States, or people thereof, attempt
TO secede from the Federal Union; or forcibiy re:
Sist the execution Of Its lsws, the Federal Gov.
erumrnt may, by warrant Of the Constitutions,
employ armed force In compelling, obedience 70
It's authority"
Section establishes the right of trial by jury,
but provides that three,fourthS Of q jnry In any
civil case may find verdict unleIs the LegiAg
ture!by atwo.thirds vote shall require such hNer.
diets TO be unanimous
section requires perfect religious toleration
and freedom Of conscience. No person 70 be e3.
eluded as witness on account Of religious opin.
ions. a-l g. -Ts- '.i"'.''i 7iE2I N'H
Section S secures the writ Of ,habea1 corpus,
except in cases of rebellion or invasion.
Section 6prohibits excessive bail, cruei or I'M.
usual punishments, etc r,
Section requires that all persons accused shail
be bailsbie except for capt. d otfepSeat YsE-f'-
Section prohibits trials for crime except on
presentment or Indictment, and establishes the
usualsafegnards a. 10 personslRnd property rights
Section secures the freedom Of speech and Of
the press and allows the truth 10 be given in eys
idence, in actions for libel by way ofjustiHcatlop
Section 10 establishes the right Of the peopIs 10
hold public meetings, etc, ~ brHE ~:lri .Ss
Section II subordinates the military 10 the civil
power, prohibits standing army IN time ofpeaee,
and limits army appropriations In time Of war 70
two years.
secdon la forbids the billeting Of soldiers. D.
Section l3. Representation shall be apportioned
according TO population.
Section "a requireSt the exemption Of q reasonable
amount Of fproperty from e1ecutionrfsr debt, and
torbids imprisonment for debt, Except In case of
fraud libel or slander."..' ~. -' ',-7f-1 grs
Section IS forbids the passage Of any bill Of at:
tainder, ex post facto law. or law ihpalring the
obligation OF eontractAG ..'' II. gr~,.rfgrA o
Section II secures 10 foreigners, on becoming
bona tide residents, the same property rights as
eitiIenG 90 g,--;' -5TTae So.
Section II prohibits slavery.
Section 10 projects the PeoplS against unreas.
enable searches and seizures and restricts the i:
! Section l9 defines treason asainst tbs State (Ga
In the United States Constltution), aud requires
for conviction the testimony OF two witneSSeS
to the same overt act, or confession In open
Section 20 reserves 10 the people any. and all
rights not enumerated. ~ ~ IA -s'.'!'2 az
+ The most considerable change from the old
Constitution In this Article Is In the "psramount
allegiance clause Of Section 2, which in the old
Constitution read thus: But The paramount q.
legianee Of every citizen Is due 10 the Federal
and no power exists In the people.
Of this any other State In the Federal Union 10
their connection Herewith, Ier perform
any acttending 70 impair, subyeTt or redst the
supreme authority of the Government Of the
United States The Constitution of the United
states confers full power on the Federal Govern
nent to maintain aud perpetusts is 'etistence,
and Wbensoever any portiou ofthe StatesI prpso.
pie thereof attempt TO secede from the Federal
Union or forcibly re1istthe execution Of its laws,
The Federal Government may by warrant ef the,
Constitution. employ armed force In compelling
obedience tolls authority 20 HHrIaI a9fs
Section II Of the old Constitution, prohibiting
the Legislature from granting special privileges,
etc. was stricken out, as being sufficiently proyi.
led for In the article on Legislative Department.
The words libel or Hlander" were fnSerted
IN Section IA, relative 10 imprisonment fer idsbt
on account Of the adoption Of stringent provi.
sionS for the prevention and punishment ofddeHing
The provision in Section ,I9- relstive TO con;
VictionS of treason, was not contained In the old
Constitution a- !o @To-s iri-rr -iH
h..c ARTICLE I-RIaAT OF SUFFRAGE. -r,
Section ! confers the right Of suffrage on every
white male citizen Of the United states, twenty
one yeara Of age and upwards, " who shall haze
actually and not eonstructively resided in tho
State six mehthe, and in the district or county
thirty days next preceding any election !" pro-
rides that person convicted oftrcason or felony
n any State or Territory Of the United StsteS,
lnless restored to civil rights aud no person who,
after arriving at ths age OF. eighteen yearL shsC
States or held civil or military ofdce under the
Iocalled Confederate Ststes,. or either Of them,
Inless an amnesty be granted 70 such BY the
Federal Government, End no idiot or insane per-
sOn, shall be entitedtO the privilege ssssorr
Section provides that no person shall be
ieemed 10 have gained or lost residences foe the
purpose Of voting while In the service of the. .
United Ststes while student In any seminary OF
earning, nor while kept In any gimIhoutpgtaay:
um or prison at the public expense, .,,a Z, -.
Section 8 secures the right Of Suffrage 10 United
States soldiers and sailor No pod tsk,or rsElS,0
ration Is required Of such voterG
Section prohibits Arests on civil process on
Section provides that all elections by the peo.
pie shalllbe by ballot and by tho Logiilsturni
: Section 6requires the enactment Of registry
ayv, and auth0riEea the Legislature 10, pTeseEibe
ules or oaths as tests Of electoral ualihcatiop.
Section 7feQnires the levyME ofsn1 1SnRhRHpo
az of from two 70 four dollars, ep ~ male resi-,
tents between the ages Of twenty y.one and lixty
tears Of age, tinclvlIizsd American Il dianD akS
.epted, one-halfto go for State spd onerhAlt f9r
county purposes. The payment OF such tax may
a: the discretion ofthsc cLegiGarure.i be !zJsdeTs
condition to the right Of voting, n an, ..-:-.r
Ssction relateSto the qualifications Of fvoter1
IN the adoption Or rejection Of this QonstitR
In Section tie. words actually and mot con.
,,uctIyelyn were notfn the cid ConStlt tlon. 20
They wezs inserted To- prevent the possibility VI
.ecEoning the residence or the voter from the
rne be Ieavesl some other State- or county tG
,ome 10 Nevada In. the last, paragraph 81 the
'scFion after "tdlot Or lnsahe," the wof6S 'bk
,isloyal person foceurred iutha ola eonttitutton
These were stricken out on the ground Of ,yaSue:
,ess and uncertainty; and beczuse tho preceding
,art Of the proYiso vas allsGsdn % yeoTeE ,thA
T'bs provision il sse+ion regarding addIbaii
,,,b. or tests of electoral qusliacstlops MSs NOT
~ a,ned al least specifically, ID the Old Con:
,S,r,son, There arc yomsi other rhmVesi 1pYtie |
Article. but relating mainly 70 phra.eS!SE aaS
aSsTIcLr rItr-DIsrMBuT1os or PowgRs.od5
This Article H. identical with that Of the old |
Consultation dividing tho powers Of the Gov |
.rnneut into LegislatirOp Executive and ypdisial
Dsnartuents, each separate and DISTINCT from 3he |
''ne, ,srtcLE cLE1v-LEaIsLLTIyS DERARTNEST,
prnvIje, for biennial SESSIONS 70 commence on |