Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-10-14
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-
yenient for reference:
Preceding the Constitution proper is a resolu.
tiOn adopting the Constitution of the United
States aud ali 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 dls
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
Zens ofthe proposed State. These enRctInents are
made in compliance with the terms of the Ena-
bling Act aud are declared irrevocable without
ths 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 dressings insure domestic tranquility
and form O more perfect Government, do est8b-
lish this Constitution
ARTICLE I-DEcLARATIoS 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.
plitication of the Declaration of Independence
rent political power of the people, and their right
10 establish or change their form of Government,
and continues: " But tho 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 10 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
Constitution of the United States confers full
power on the Federal Government TO maintain
and perpetuate its existence, and whensoever any
portion of the States, or people thereof, attempt
to secsde 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 3 establishes the right of trial by jury,
but provides that three-tourths of jury in any
civil case may find Il verdict unless the Legisla
ture by two-thirds vote shall require such YER
diets to be unanimous.
Section requires perfect religious federation
and freedom OF conscience. No person to be eS-
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 puuishments, etc
Section requires that all persons accused shall
be bailable, except for capital olenses.
Section prohibits trials for crime except on
presentment or indictment, and establishes the
Safeguards AZ TO personal and property rght&
Section secures the freedom of speech and of
the press and allows the truth TO be given in ev-
ldence In actions for libel by way classification.
Section 10 establishes the right of the people to
hold public meetings, etc.
SootfnD II suhOrfnatpI tho nilitar,y the civil
power, prohibits standing army in time of peace,
and limfts army appropriations in time of war to
two years.
Sec.on IL forbids the billetlng of soldiers.
Section IL. Representation shall be apportiOned
according to population.
Section II requires the exemption of reasonable
amount of property from execution for debt, and
forbids imprisonment for debt, except in case oil
fraud, libel or SANDER
Section IL forbids the passage Of any bill of at
thinder, ex post factO law, or law impairing the
obligation Of contracts.
Section 10 secures TO foreigners on becoming
bona iide residents the same property rights AZ
native born citizens.
Section II prohibits slavery.
SECTION ls protects the people against unreas'
enable searches and seizures, aud restricts the is
suing Of search warrants
Section l9 defines treason against the State (as
in the United States COnstituton), 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 my 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 Ihe paramount al.
legiance 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 TO
"a thpir fharaXVifh Or
any act tending TO impair, subvert or resist the
supreme authority of the Government of the
United StateA 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, or peo-
pie thereof, attempt 10 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 IL of the old Constitution, prohibiting
the Legislature from granting special privileges,
etc., was stricken out, being sufficiently provi
ded for in the article on Legislative Department.
The words Libel or Aunder" were inserted
in Section H. relative 10 imprisonment for debt,
on account of the adoption of stringent proyi'
Sons for the prevention and punishment ofduelling
The provision in Section 10, relative TO con.
victlons Of treuson. was not contained In the old
Constitution.
ARTICLE II-RIGHT OF SUFFRAGE.
Section conters 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 cOnstructiyely resided In the
State six months, and in tho district or county
thirty days next preceding any election = pro-
rldcs 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, asy.
lum or prison Rt the public expense.
Section 3 secures the right of suffrage 10 United
States soldiers and sailors. No poll tax or regis.
trstion IN required of such voters.
Section 4 prohibits arrests on civil process on
election days.
Section provides TINT all elections by the peo-
Pile shall be by ballot, and by the Legislature
piud roce.
Section requires the enactment of registry
law and authorizes the Legislature TO prescribe
rules or oaths as tests Of electoral qualification.
Section 7requireso pc 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, uncyilized American Icdians ex'
pepted, oDe-halft to 60 for State and one.half for
county purposes The payment of such tax may,
IN the discretion of the Legislature, be made
condition 10 the right Of voting. .
Section relates to the qualifications otv
IN 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 possibllty 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
gee lion, after idiot or insane, the words " or
iislOya 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 proviso was alleged to cover the
ground sufficiently.
The provision In Section regarding additional
paths or tests of electoral qualifications was not
contained, at least specifically, IN the old Con-
,titutfon. There are some other chHngps In the
Article, but relating mainly to phraseology and
.......
ARTICLE EnI-DIsTRIBUTIoS OF POWERS.
This Article T. identical with that Of the old
Constitlltion-dividing the powers Of the Gov
,rnment into Legislative, Executive and Judicial
Departments. each separate and distinct from the
1thers, ..---..-t. ....-.
ARTICLE Iv-LEGIsLATTvE DEPARTMENT.
Provides for biennial sessions, TO commence on
the first Monday of January following the elec.
,in, of ,nannhars General elections nrn "a ha