Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-09-28
CONSTITUTION OF NEVADA.

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 resolu-
ton 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 to unappropr
a'ed 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 eit-
zeus Of the proposed state. These ensctments 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
az that Of the old Constitution. Ii 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 more perfect Government, do estRb.
lish this Constitution"
ARTICLEI-DEcLARATIoE OF RIGHTS.
Section declares all men by nature free and
equal, possessing certain inaenable rights, ETC.,
the language of the section being merely an am
plification Of the Declaration Of Independence.
section , asserts that the doctrine of the inhe.
rent pOllcal power OF tne people, ana tHelT JlRnI
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 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
impair, subvert or resist the supreme authority
of the Government of the United States. The
Constltutlon Of the United States confers full
power on the Federal Government 10 maintain
and perpetuate its existence, and whensoeyer any
portion of the States or people thereof, attempt
10 secede from the Federal Union, or forcibly re-
sst 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 3 establishes the right Of trial by jury,
but provides that three-fourthS Of jury in any
civil case may find u verdict unless the Legisia
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 epin.
ions.
SECTION 5 secures the writ Of hnbeas corpus,
except in cases of rebellion or invasion.
Section q prohibits excessive bail, cruel or un-
usual punishmeuts etc
Section Z requires that all persons accused shall
be bailahle, except for capital offenSes.
Section prohibits trias for crime except on
prc5entnient or indictment, aud establishes the
usual safeguards as 10 personal and property rights
SectiOn9 secures tho freedom Of speech and Of
the press. and allows the truth to be given in ev.
idcnce In actions for libel, by way classification.
Section 10 establishes the right Of the people 10
hold public meetings, etc.
Section IL subordiuates the military TO tho civil
power, prohibits a standing army in time Of peace,
nd iynif in ms NJ q
two years.
Section 70 forbidS the biIleting Of soldiers
Section IL. Representation shall be apportioned
according 10 population.
Section ID requires the exemption Of a reasonable
amount Of property from execution for debt, and
forbidS Imprisonment for debt, except in caSo OF
fraud, libel or slnnder."
Section Is forbids the passage Of any bill Of at.
tainder, ex post f1cto law, or law impairing the
obligation Of contracts.
Section 10 secures 10 foreigners, on becoming
bona tideresidents, the same property rights as
nRtire.born citizens.
Section II prohibits slavery.
Section IS protects the people against unreas'
enable searches and seizures, and restricts the Is
suing Of search warrants
Section 10 defines treason against the State (as
in the United States Constitution), and requires
to the same overt act or confession in open Court
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 9, which in the old
Constitution read thus But the paramount al.
iegiance of every citizen is due 10 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, 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 It's existence,
and whensoever any portion Of the States, orPeo.
pie thereof, attempt 10 secede from the Federal
Cnion CT forcibly resist the execution ofts laws,
the Federal Government may. by warrant Of the
Constitution, employ armed foree in compelling
obedience to its authority"
Section IL of the old Constitution. prohibiting
the Legislature from granting special privileges
etc. was stricken out, rs being sufficiently prori-
tled for in the article on Legislative Department.
The words {" libel or slander " were inserted
in Section IA, relative TO Imprisonment for debt,
On accoun, Of the adoption of stringent provi-
sions for tho prevention and punishment ofdueling
The provision in Section l9 relative to con.
victions of treason, was not contained in the old
Constitution.
ARTICLE n-neHT OF SUFFRAGE.
Section coniers the right of suffrage on every
white male citizen Of the United states, twenty
one ysarS OF age and upwards, who shall have
actually and not constructiyely resided in tho
State six months, and in the district or county
thirty days next preceding any election" pro.
ydes that no person convicted oftreasou 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 year,, 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 10 such by the
Federal Government, and no idiot or insane per-
son, shall be entitled TO the privilege Of an elector
Section 2 provides that no person shall be
deemed to have gained or lost residence for the
purpose OF voting while in tho service. of the
Uuited States, while student IN any seminary Of
learning, nor while kept in any aIRShouSs, asy,
um or prison at the public expense.
Section secures the right Of suffrage 10 United
States soldiers and sailors Nc poll tax or regis.
traton Ii 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 tho Legislature
rird roce. .
section 6 requires the enactmenr Of 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 four dollars, on all male resi-
dents between the ages Of twenty;ono and sixty
wears of age, uncivLizcd American / dianE eI'
ceDted, one half to go for State and one.haf Tor
county purposeA The payment Of such tax may,
in the discretion of the Legislature, be nude q
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 aud mot 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
section, after Idiot or insane" the words "or
dlsloyal person" occurred in the old Contribution
These were stricken out on the ground of vague-
ness and uncertainty, and because the preceding
part of the proyiso 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, 10 the old Con.
stitutiOn. There are Eoms other changes In the
Article but relating mainly to phraseologyi and
arrangement .... ~.
ARTICLE REDISTRIBUTION or POWERS.
This Article iS identical with that of the old
Notwithstanding the powers of the Gov
prnment into Legislative, Executive and Judicial
Departments, each separate and distinct from the
others. "
,ARTIcLEIy-LEGIsLATIY DEPARTMENT.
Provides for biennial sessions, 70 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
poVerA, of parliamentary bodieV are conferred