Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-11-01
CONSTITUTION OF NEVADA.

publication Of the whole document, but will
be found equally useful and far more con-
yenient for reference:
Preceding the Constitution proper Ia a resolu.
ton adopting the Constitution OF the United
states and All ordinance forever promoting 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 citi'
gems Oft the proposed state. These enactments are
made in compliance with the terms of the Ena
bling Act and are declared irreyocable without
the consent of the United States aud of the people
of the State of Nevada
The preamble to the Constitution IN the same
as thai 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 10
secure its blessings, insure domestic tranquility
and form u more perfect Government, do estab.
lish this Constitution"
ARTICLE I-DECLARATIoS OF RIGHTS.
Section declares all men by nature free and
equal possessing certain inalieuable rights, etc,
the language of the section being merely 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,
und continues: " But the paramount allegiance
Of every citizen Is due TO the Federal Govern
ment, in the exercise of ali Its constitutional pow
erS, rs 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 10 dissolve their con-
nection Herewith, or perform any net tending to
| impair, subvert or resist the supreme authority
of the Government Of the United States. The
Con. titution of the United States confers full
EpUpTal (fnVprpmpnf IN Ofnn
and perpetuate its existence, aud whensOever 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
eminent may, by warrant of the Constitution,
employ armed force in compelling obedience 10
its authority"
Section establishes the right of trial by jury,
but provides that three-fourths Of Jury iu any
civil case may lind Ii verdict unless the Legsla
lure 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 Il witness on account OF religious opin-
ions.
SECTION secures the writ of habeas corpus,
except in cases of rebellion or invasion.
Section prohibits excessive bail, cruel or un. .
usual punishments, etc
Section requires that all persons accused shall
be baiable, except for capital offenses.
Section prohibits trials for crime except on
presentnent or indictment, and establishes the
usual safeguards 10 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 III establishesDhe right Of the people TO
hold public meetings, etc.
Section IL SubOrdinates the military 10 the civil
power, prohibits standing army in time Of peace,
and limits army appropriations in time Of war to
two years
Section 70 forbids the billeting of soldiers.
Section Is. Representation shall be apportloned
according to population.
Section Il requires the exemption Of reasonable
amount of property from execution for debt, and
forbids Imprisonment for debt, except in case oil
fraud, libel or Islander"
Section 10 forUids the passage Of any bill of at.
tandeT, e1 post facto law, or law impairing the
obligation OF contracts.
Section 10 secures 10 foreigners, on becoming
| bona tide residents, the same property rights rs
uHtiye.b0rn citizens.
Section II prohibits slavery.
! Section IL protects the people against uDreas-
enable searches and seizures and restricts the is
suing Of search warrants
Section 10 detiues treason against the State las
| in the United States constitutional and requires
| for conviction " the testimony of two witnesses
to the same overt act, or confession in open Court
Section 20 Reserves to the people any and all
| rights not enumerated
The most considerable change from the old
| allegiance" clause of Section 9, which in the old
| Constitution read thus: But the paramount al
| lpgiauce 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, or perform
uny act tending 10 impair, suOvert 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.
und whensoerer any portion OF the States, or peo'
pie thereof, attempt 10 secede from the Federal
Cnion or oTcibly resist the execution OF its laws,
tue Federal Government may, by warrant OF the
COnStitution employ armed force in compelling
obedience to its uIhOrity.'
Section II Of the old Constitution, prohibiting
the Legislature from granting special privileges,
ETC., was stricken out, being sufficiently proTi.
drd for in the article OH Legislative Department.
The words Libel or Islander" were inserted
In Section II, relative 10 imprisonment for debt,
account Of the adoption of stringent provi'
sions for the prevention and punishment ofdueling
The provision in Section ~, relative 10 con'
victions Of treason was not contained in the old
Constitution.
ARTICLE II-RIaHT OF SUFFRAGE
Section cuutcrs the right Of suffrage on every
white male citizen OF the United suites, twenty
one years OF age and upwards, "who shall have
actually and not constructively resided in the
State six months, and in the district county
thirty days next preceding any election pro
vidcs that no person convicted Oftreason or felony
Ia 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
socalled Confederate States, or either of them,
unless amnesty be- granted to such by the
Federal Government, and no idiot or insane per.
SON. shall be entitled to the privilege of an eector.
Section = provides that no person shall be
deemed 10 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'
luIn or prison nj the public expense.
Section 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 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 10 prescribe
rules or oaths 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, uncivilized American l dams ex'
cepted, oue-halfto 60 for State and one'half Tor
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 quallncaIlous VI 'Otei7
on the adoption or rejection Of this Constitution
In Section tie words " actually and not con-
structively" were not in the old Constitutlon.-
They were inserted TO prevent the possiOility oil
reckoning the residence or the voter from the
time he leaves some other state or county 10
come to Nevada In the last paragraph OF the
section, after Idiot or insane" the words or
disloyal person" occurred in the old Constitution.
These were 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 leHst specifically, in the old Con-
stItution. There are some other changes in the
Article, but relating mainly to phraseology and
arrangement
ARTICLE REDISTRIBUTION OF POWERS.
This Article IL identical with that OF the old
Constitution-dividhg the powers of the Gov:
eminent into Legislative, Executive and Judicial
Departments, each separate and distinct from the
others.
ARTICLE Iv-LEaIsLAT1VE DEPARTMENT.
Provides for brnnial 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
No member may hold any Office created during
h;y Earn, ,ntil one wear after the expiration of