Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-09-19
ooNsr1rur1oN OF NEVADA.

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-
venient for reference: r.
Preceding the Constitution proper Is resou-
tlon adopting the Constitution of the United
States and an ordinance forever prohibiting sla-
very, securing perfect religious federation, dis
claiming forever all right and title 10 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 cti-
zens ofthe proposed State. These enactments 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 to the Constitution Is the same
as that of the old Constitution. 1t reads thus:
I'VE, 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 a more perfect Government, do estab.
lsh this Constitution" a.l l.. ...
ARTICLE EI-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
plification Of the Declaration of Independence
Section aSserts that the doctrine Of the tnhe-
rent political power of the people, and their right
to establish or change their form Of Government,
and continues: d But the paramount allegiance
of every citizen is due to the Federal Govern.
ment in the exercise Of 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 to
i'm nj
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.
ernment may, by warrant Of the Constitution,
employ armed force in compelling obedience to
Its authority"
Section establishes the right of trial by jury,
but provides that three-fourths Of jury in any
civil case may find verdict unless the Legisla
ture by two-thirds vote shall require such YER
diets to be unanimous. ....
Section requires perfect religious liberation
and freedom Of conscience No person to be ex.
cluded as a witness on account Of religious opin-
IONS
Section secures the writ of habeas corpus,
except In cases Of rebellion or invasion.
Section o prohibits excessive ball, cruel or un-
Section requires that all persons accused shall
be baiable, except for capital offenses.
Section prohibits trials for crime except on
presentment or indictment, and establishes the
usual safeguards asto personal and property rights.
Section secures the freedom of speech and Of
the press and allows the truth TO be given In ev.
idence, In actions for libel by way classification.
Section 10 establishes the right Of the people to
hold public meetings, etc.
Section IL subordlnates 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 10 forbids the biletlng of soldiers
Section l3 Representation shall be Hpportioned
according to population.
Section Il requires the exemption of reasonable
amount of property from execution fer debt, and
forbids imprisonment for debt, except in case Of
fraud, libel or SANDER"
Section Is forbids the passage of any bill Of at.
tAnder, ex post facto law, or law impairing the
obligation of contractR
Section l6 secures 10 foreigners, on becoming
bona fide residents, the same property rights a.
native born ctizens
Section II prohibits slavery.
Section le protects the people against unreas'
enable searches and seizures, and restricts the is
suing of search warrants.
Section l9 defines treason against the State (as
in the United States Constitution), and requires
for conviction the testimony of two witnesses
Section 90 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 2, 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 any other State In the Federal Union TO
dissolve their connection 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 confers full power on the Federal Govern.
ment to maintain and perpetuate its existence,
and whensoever any portion of the States, or peo-
pls thereof, attempt TO Secede from the Federal
Unon 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 IL of the old Constitution, prohibiting
the Legislature from granting special privileges,
etc. WAS stricken out, as being sufficiently provt
ded for in the article on Legislative Department.
The words :" libel or slander" were inserted
In Section II, relative to imprisonment for debt,
on account Of the adoption Of stringent provi-
slons for the prevention and punishment ofduelling
The provision In Section 10. relative to con-
victions of treason, was not contained In the old
Constitution. ......s
ARTICLE u-RIGHT or 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.
ydes 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.called Confederate States 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 a student In any seminary OF
learning nor while kept In any almShouse, Rsy-
lum or prison at the public expense.
Section secures the right of suffrage 10 United
States soldiers and sailors Nc poll tax or regis
tration IL 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
pipd roce.
Section requires the enactment OF registry
law, and authorizes the Legislature TO prescribe
rules Oaths as tests Of electoral qualihcation
Section requires the levying of an annual poll
tax of from two to four dollars, on all male resi-
dents between the ages of twenty.one and sixty
wears of age, uncIyiized American Irdlans ex-
ceptcd, one.halfto go for State and one-half for
county purposeS The payment Of such tax may,
In the discretion of the Legislature, be made
condition to the right Of voting. ..
Section relates 10 the qualifications OF Vo!erS
on the adoption or rejection of this Constitution
In Section tie words actually and not con-
structiyely" were not In the old Constitution
They were inserted 10 prevent the posslolnty OF
reckoning the residence or the voter rom tne
time he leaves some other state or county 70
come to Nevada In the last paragraph OF the
secsion, after idiot or insane" the words OF
dsloysl person" occurred In the old Constitution.
These wers stricken out on 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 arc some other changes In the
Article, but relating mainly to phraSeology and
arrangement y
This Article Is identical with that OF the old
Constitution-dIviding the powers Of the Gov:
ernment into Legislative Executive and Judicial
Departments, each separate and distinct from the
others.
ARTICLE Iv-LEG1sLATIvE DEPARTMENT.
Provides for biennial sessions, 10 commence on
the first Monday Of January following the elec.
tion of members, General elections are to be
A. n l. l.