Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-12-29
CONSTITUTION OF NEVADA.
coNsTITUT1oNioF NEVADA.


abstract Of the Constitution of the State Of
Nevada, adopted on the seventh day of Sep
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 resoIu.
ton adopting the Constitution of the United
States and All ordinance forever prohibiting sla.
very, securing perfect religious liberation, 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 cti.
zens ofthe proposed State. These enactments are
made in compliance with the terms Of the Ena
bling Act, and are declared irrevocabIe without
the consent Of the United States and of the people
of the State Of Nevada
The preamble to the Constitution Ii 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 tran1uilite
and form n more perfect Government do estab.
lish this Constitution"
ARTICLE I-DECLARATIoN 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
plificaiiOn 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 allits constitutional pow
crs, 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-
ncction 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 Government TO maintain
and perpetuate Its existence and whatsoever any
portion of the States or people thereof, attempt
to secede from the Federal Union or forcibly re-
sst the execution of Its laws, the Federal Gov
crnment 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 a jury in any
civil case may find a verdict unless the Legisla.
ture by a two-thirds vote shall require such YER
diets TO be unanimous
Section requires perfect religious federation
and freedom of conscience. No person to be ex-
cluded as witness on account Of religious Opin-
ions.
Section secures the writ of habens corpus,
except in cases of rebellion or invasion.
Section prohibits excessive bail, cruel or I'M
usual punishments, etc
Section Z requires that all persons accused shall
be baable, except for capital offenses.
Section prohibits trials for crime except on
prcsentment 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 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 l2 forbids the billeting of soldiers.
Section Ii. Representation shall DO apportioned
according to population.
Section II requires the exemption ola reasonable
amount OF property from execution for debt, and
torbidS imprisonment for debt except in case OF
| fraud, libel or SANDER"
Section - forbils the passage OF any bill of at
| thndGr eN post factO law, or law impairing the
| obligation of contracts
Section l6 secures to foreigners, on becoming
bona tide residents the same property rights rs
| natvc-boTn citizens
Section II prohibits slavery.
Section ls protectR the people against unreas'
suing of search warrants.
Section 10 defines treason against the State Gas
| in the United States Constitution, and requires
| for conviction the testimony of two witnesses
| to the same overtact or confession in open Court
Section 70 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 ., which in the old
| Constitution read thus " But the paramount al.
| legiancc 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 to
dissolve their connection Herewith. OF perform
| any act tending TO impair, su6vert or resist the
supreme authority of the Government of the
| United States. The Constitution of the United
Suites confcrs full power on the Federal Govern
mcnt TO maintain and perpetuate It's existence,
and whatsoever any portion OF the States, orpeo'
| pie thereof attempt to secede from the Federal
Union, 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 II of the old Constitution. prohibiting
the Legislature from granting special privileges,
etc. was stricken out, as being sufficiently provl
| dpd for in the article on Legislative Department
The words Libel or Islander" were inserted
in Section IA, relative TO imprisonment for debt,
| on account Of the adoption Of stringent provi'
sionstor the prevention and punishment Ofduelling
The provision in Section 49, relative TO con,
| victons of treason, was not contained in the old
| Constitution.
| ARTICLE II-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-
vidcs 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 ut the age of eighteen years. shall
| have voluntarily borne arms against the United
States OF held civil or military Office under the
so.caed Confederate States or either of them,
unless m amnesty be granted TO such by the
Federal Government, and no idiot or insane per-
SON. shall be entitled 10 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 the
United States, while student in any seminary OF
| learning nor while kept in any almshouse asy-
| lum or prison ut the public expense.
Section secures the right of suffrage TO United
| States soldiers and sailors No 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
| Uira pOCe.
Section requires the enactment of registry
| law, and authorizes the Legislature TO prescribe
fles or oaths as tests Of electoral qualification
Section 7 requires the levying of an annual pol
| tax of from two TO four dollars, on all male resi-
| dents between the ages of twenty-one and sixty
| years of age, uncivzed American l=dians ex
| ccpted, one.halfto go for State and one-hiuf FOL
county purposes The payment of such tax may
in the discretion of the Legislature, be made
condition TO the right of voting.
| Section s relates to the qualifications OF voter
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 to prevent the possibility o
| reckoning the residence or the voter from INT
| time he leaves some other State or county tc
come to Nevada In the last paragraph OF thu
section, after idiot or insane" the words - Of
disloyal person" occurred in the old Constitution
| These were stricken ont on the ground OF vague
ness and uncertainty, and because the preceding
part Of the proviso was alleged to cover TIM
| ground sufficiently.
The provision in Section regarding additiona
oaths or tests Of electoral qualifications was no
contained, Mt least specifically, in the old Con
stitution. There ARE some other changes In tn
Article, but relating mainly to phraseology ant
| arrangement. .f....
| ARTICLE III-DIsTRIBUTIoN OF POWERS.
This Article Ia identical with that of the OLE
| COnstitution-dviding the powers Of the Gov
| eminent into Legislative, Executive and Judicia
Departments, each separate and distinct from thu