Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-11-10
CONSTITUTION OF NEVADA.

Nevada, adopted on the seventh day OF Sep
TENDER. 1t is greatly condensed, occupying
but a 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 All ordinance forever prohibiting sla'
very, securing perfect religious federation, dis
claiming forever all right and title to unappropr.
aied 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 cii.
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:
" 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.
lsh this Constitution"
ARTICLE I-DECLARATIOH OF RIGHTS.
Section declares all men by nature free and
equal, possessing certain inalenablc 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 10 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
he th.r
nection Herewith, or perform any act tending 10
impair, subvert or resist the supreme authority
of the Government of the United States. The
COn.titutiOn Of the United States confers full
power on the Federal Government 10 maintain
and perpetuate its existence and whatsoever any
portion OF the States, or people thereof, attempt
10 secedc from the Federal Union, or forcibly re-
sist 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 establishes the right of trial by jury,
but provides that three-fourths OF Jury in any
civil case may find Il verdict unless the Legisla
ture by q 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 rs witness on account Of religious Opiu-
ions.
Section secures the writ of habeaS corpus
except in cases OF rebellion or invasion.
Section 6 prohibits excessive bail, cruel or UNI
usual punishmentS, etc
Section requires that all persons accused shall
be bailable, except for capital offenses.
Section prohibits trials for crime except on
presentment or indictment, and establishes the
usual safeguards asst personal and property rights
Section secures the freedom of speech and of
the press, and allows the truth 10 be given in ev
idence, in actions for libel, by way classification
Section 10 establishes the right Of the people to
bold public meetings, etc.
Section II subordinates 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 billeting of soldiers.
Section -. Representation shall be apportiOued
according to population.
Section Il requires the exemption of n reasonable
amount of properly from execution for debt, and
torbids 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 impairng the
obligation of contracts
Section IL secures 10 foreigners, on becoming
bona tide residents, the same property rights rs
native.horn citizens
Section II prohibits slavery.
Section l6 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 ConSttutiOn), and requires
for conviction 1.-THE testimony of two witnesses
TO the same overt act or confession in open Court"
Section % reserves 10 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.
lcgiance 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 10
dissolve their connection Herewith, or perform
any act tending TO impair, subycrt 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, orpeo.
pie thereof, attempt to secede from the Federal
Union, or iOrciGy resist the execution of Its laws
the Federal Government may, by warrant Of the
Constitution. employ armed force in compelling
obedience to Its ihority."
Section IL OF the old Constitution, prohibiting
the Legislature from granting special privileges
etc., WAS stricken out, as being sufficiently prov
ded for in the article on Legislative Department.
The words Libel or SANDER" were inserted
in Section ID, relative TO Imprisonment for debt,
on account of the adoption of stringent provi.
SiOnsfor the prevention andpunishmcnt otduelling
The provision in Section ~. relative TO con
victions of treason, was not contained ir the old
Constitution.
ARTICLE u-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-
vidrs thut no person convicted oftreaSon or felony
in any Stuie 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 the privilege OF an elector
Section 9 provides that no person shall be
deemed TO have gained or lost residence for the
purpose of voting while in the service Of tho
United States, while student In any seminary Of
learning, nor while kept in any almshousc, asy-
luIn or prison at the public expense.
Section 3 secures the right OF suffrage 10 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 S provides that all elections by the peo
pie shall be by ballot, ind by the Legislature
rird uoce.
Section requires the enactment Of q registry
law, and authorizes the Legislature TO prescribe
rules or oaths as tests of electoral qualification.
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
years of age, uncivized American | di0ns eX.
cepted, onehafto go for State and one.half for
county purposes The payment Of such tax may,
in the discretion of the Legislature, be made II
condition TO the right Of voting.
Section 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 to
come to Nevada In the last paragraph of the
sec ion, after idiot or insane" the words " or
disoyal person" occurred In the old Constitution.
These were stricken out on the ground of vague
ness and uncertainty, and because tho 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
ARTICLE ur-D1sTRIBUTIoS OF POWERS.
This Article IA identical with that of the old
Constitution-diyiding the powers of the Gov.
eminent into Legislative, Executive and Judicial
Departments, each separate and distinct from the
others.
ARTICLE Iv-LEGIsLATIvE DEPARTMENT.
Provides for biennial sessions, 10 commence on
the first Monday of January following the cleo
ton of members General elections are 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
powers of parliamentary bodies are conferred.
- Ill rim