Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-10-05
CONSTITUTIONS on NEVADA. "a

....- -----i f..f 1f'|sET..H.
The following is complete and correct
abstract OF the Constitution Of the State Of
Nevada, adopted on the seventh day Of Sep
tember. 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-
yenient for reference:
Preceding the Constitution proper Is resolu.
tlon adopting the Constitution of the United
states aud an ordinance forever prohibiting sla'
very, securing perfect religious liberation, dis
claiming forever all right and title to unappropH.
ated public lands which are left to the sole dis
position Of the United States exempttng from
taxation all lands and other property of tha uni:
ted States, and declaring that lands Of non-resi-
dents shall not be taxed higher than lands OF eiti
zens ofthe proposed state. These enactments are
made in compliance with the termA 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 Sf-- ..1'.'
The preamble 10 the Constitution Is the same
as that of the old Constitution. 1t reads thus ;
g We the people of the State Of Nevada, grste-
full to Almighty God for our freedom, In order 70
secure Its blessings, insure domestic tranquility
and form a more perfect Government, do eStao'
liSh this Consultation" . .... -.....'
ARTICLE I-DEcLARATIoH OF RIGHTS
Section declares all men by nature Tree and
EQUAL possessing certain inalienable rights, etc,
the language Of the section being mereiy an 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 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 denned oy
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, subyert or resist the supreme authority
Of the Government Of the United StRtes., The
Con stitution Of the United States confers full
power on the Federal Government TO maintain
and perpetuate Its existence, and whensoeyer any
portion of the States, or people thereof, attempt
to secede from the Federal Union, or forcioiy re-
sist the execution Of It's laws, the Federal Gov
ernment may, by warrant Of tho Constitution,
employ armed force in compelling obedience TO
its authority" -. e.. ..-..... - ~. ...
Section establishes the right Of trial by jury,
but provides that three-fourths Of q Jury IN any
civil case may find verdict unless the Legisla
ture by two.thirds vote shall require such YER
diets to be unanimous o.. ..N
Section requires perfect religious liberation
and freedom OF conscience. No person 10 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 un-
usual punShments, etc = . pei.
Section requires that all persons accused shall
be bailabIe except for capital offenses. .'t-
Section prohibits trials for crime except on
prescniment or indictment, and establishes the
usualsafeguards as to personal and property rights
Section secures the freedom of speech aud OF
the press, and allows the truth TO be given in ev.
idence in actions for libel, by way ofjustiAcation
Section 10 establishes the right Of the people TO
hold public meetings, etc. .-..... .-.
Section II subordinates the military TO the civil
power, prohibits standing army in time ofpeace,
and limits army appropriations In time war to
two years.
Section 70 forbidS the billeting Of soldiers
Section IL Representation shall be Hpportioned
according to population. .- ....- .r =,
Section II requires the exemption ofa reasonable
amount of property from execution fer debt, and
torblds imprisonment for debit except In case ot
fraud, libel or slander." N1.t
Section Is forblda the passage of any bill Of at
talnder. ex poSt facto law, or law impalring the
obligation OF contracts. -r. ..' .....s.
Section 10 secures 10 foreigners, On becoming
bona fde residents, the same property rights III
native-born citizens
Section II prohibits slavery.
Seetionils projects the people against unress
enable searches and aslzures and restricts the is
suing Of search wmrantG vE.sn q. g--arr .
Section 10 defines treason against the State (ai
in the United States Consttution), and require
for conviction " the testimony of two witnesses
10 the same overteet, or confession in open Court
Section 20 reserves to the people any and al
rights not enumerated. -'.f %. .sL'...
The most considerable change from the oh
Constitution In this Article Ia in the paramount
allegiance clause Of Section 2, which In the oil
| Constitution read thus % But the paramount al
| legiance Of every citizen Is duo TO the Fedora
Government; and no power exists In the peopl'
of this or any other State In the Federal Union q
dissolye their connection herewith, or perfor n
any act tending 10 impair, subvert or resist thu
supreme authority Of the Government of tn
United States. The Constitution Of tho Unitet
states confers full power on the Federal Govern
ment to maintain and perpetuate its exIstence
and whepsoeTer any portion Of the States, or peo
| pie thereof, attempt TO secede from the Fedora
Union forcibly resist the execution Of It's laws
| the Federal Government may. by warrant Of th,
Constitution, employ armed force In compelling
| obedience to its authority. w -al.s..s
a 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 slander" were inserted
in Section IA, relative to imprisonment for debt
on account Of the adoption OF stringent .proyi
siOns for the prevention and punishment ofduelint
!g The provision in Section 10, relative to con
yctions of treason, was not contained In the Ole
| Constitution. .-... -.-.r-.. q. .- .. ....s
ARTICLE u-RIGHr OF SUFFRAGE.
Section confers the right Of suffrage on every
white male citizen OF the United States, twenty
| one wears Of age and upwards. "who shall havi
actually and not construetivey resided in thi
| State six mohths and In tho district or countI
thirty days next preceding any election; pro
yIdes that no person conYcted oftresson 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, shal
| have voluntarily borne arms against the unite'
States or held civil or military Office under The
| so.caled Confederate States, or, either OF them
| unless an amnesty be granted to such, by tn
| Federal Government, and no idiot or Insane per
son. shall be entitled to the privilege an electoI
Section . provides that no person shall b
| deemed TO have gained or lost residence Tor IN
purpose Of voting while In the service OF th
| United States, while student in any seminary o
learning, nor while kept In any alrnshouse aSy
lum or prison at the public expense A
Sections secures the right Of suffrage 10 Unite
States soldiers and sailorA NcIPol tax or regis
| traiion ~ required Of such voters. .,-r..r t.
] Section prohibits arrests on civil process o.
| election days.
| section provides that all elections by the pee
| pie shall be by ballot and by the Legislafur
i ttrd ro6e q.
q seeron requires the enactment of s.!regutr.
\ law, and authorizes the Legislature 70 prescrib
\ rules or oaths as tests Of electoral quaineaton.
Section 7requires the levying Of Ru animal pol
tax of from two to four dollars on all maie resi-
dents betw cen the ages of twentytone and sixt.
years of age,1 uncivIlized American l. dlans ex
| eepted, one-hAlfto go for State and oneThaii 10
4 county purposes. The payment Of such tax may
\ In the discretion Of the Legislature, be made
1 condition TO the right ofSoting
II! Section relates to the qualifications OF voter
| Of, the adoption or rejection of this Constitution
4 In Section tie words " actually and not con
s,ruetivelyn were not in the old Constitution
They were inserted 10 prevent the posnotity- Q
j reckoning the residence or tho voter ron IN
| time he leaves some other state or county 2
| come to Nevada In the, last paragraph OF tn
| sec ion, after Idiot or insane, the words
ltstoyal person. occurred In the old Conentutlon
! These were stricken out on the ground OF vague
! ness and uncertainty, and becauses tho preeedtnI
| part of the proyisol was alleged TO cover "
ground sufficiently. arayo-- -ss r,,-.gr Y
! Tbs provision in Section regarding additions
oaths or tests of electoral qusliH Hcattons was no
contained, at least specifically, lu the Old Con
! stltu,Ion. There are Eoine other changes In tn
| Article, but relating mainly TO phraseosogy ami
arrangement - 81
Il ARTICLE uI-pIsTRIBuTToE OF POWERS.
4 This Article Il identical with that OF the ol
1 Conaitution- the poIeft OF the Gov
4 eminent into LegiAstive Executive and Judlcla