Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-11-16
ooNsrrTUTfoN:oF 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 q resolu.
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 unapprOpH-
ated public lands, which ore left TO the sole dis
position of the United States; exemptiug 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 euactments are
made IN compliance with the terms Of the Ena
bling Act, and are declared irrevpcable without
the consent of the United States and Of the people
of the State of Nevada
The preamble to the Constitution IL the same
as that of the old Constitution. 1t reads thus
1--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 a more perfect Government, do estab-
llsh this Constitution"
ARTICLE I-DECLARATIoN OF RIGHTS.
Section l declares all men by nature free and
equal possessing certain inAlenable rights, ETC.,
the language of the section being merely an am.
plitication 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: 4" But the paramount allegiance
of every citizen is due TO the Federal Govern
ment in the exercise of all 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 act tending to
impair subvert or resist the supreme authority
of the Government of the United States. The
Constitution of the United States eonfers full
power on the Federal Government TO 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-
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 verdict unless the Legisla
ture by two-thirds vote shall require such YER
diets 10 he unanimous.
Section 4 requires perfect religious liberation
and freedom of conscience. No person to be ex-
cluded as a witness on account Of religious opln-
ions.
Section secures the writ Of habeas corpus,
except in cases of rebellion or invasion.
Section prohibits excessive bail, cruel or I'M
usual punishments, etc
Section requires that all persons accused snail
be bailablc, except for capital offenses.
Section prohibits trials for crime except on
presentmcnt or indictment, and establishes the
usual safeguards to personal and property rights
Section secures the freedom of speech and OF
the press and allows the truth to be given IN ef
idence in actions for libel, by way ofjustihcatlon
obi ;cb ayt hn iCht M npOnlp
hold 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 10
two years.
Section 10. Representation shall be appornoned
according TO population. ,
Section II requires the exemption OF reasonable
amount of property from execution fer debt, ana
torbids imprisonment for debt, except in case OF
fraud, libel or SANDER"
Section Is forbids the passage OF any bill of at
tainder, ex post factO law, or law impairing the
obligation Of contracts.
Section IL secures TO foreigners, on becoming
bona ide residents, the same property rights rs
native-born citizens.
Section II prohibits slavery.
Section lS 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 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 aud oil
rights not enumerated.
The most considerable change from the old
Constitution in this Article Is in the paramount
allegiance" clause of Section ., which i'll the old
Constitution read thus But the paramount a.
legiance Of every citizen is due 10 the Federal
Government; and no power exists in the people
nff liz nj Federal
dissolve their connection Herewith, or perform
any act tending 10 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, or peo.
pie thereof attempt TO secede from the Federal!
Union or 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, US being sufficiently provi'
ded for in the article on Legislative Department.
The words Libel Islander" were inserted
In Section II, relative 10 Imprisonment for debt,
on account Of the adoption of stringent provi'
sops for the prevention and punishment ofduelling
The provision In Section 10, relative to con.
yictions of treason, was not contained in the old
Constitution.
ARTICLE II-RIGHT OF SUFFRAGE.
Section cOniers 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 consIructively resided in the
State six months, and in the district or county
thirty days next preceding any election !" pro-
yidps 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
socalled 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 eector.
Section 2 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 at 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
rird u0ee. -,
Section requires the enactment of registry
law, and authorizes the Legislature 10 prescrioe
rules or oaths as tests Of electoral qualihcation
,aY of from two to four dollars, all male resi-
dents between the ages Of twepty.one and sixty
wears of age uncivilized American Irdians ex
cepted one half to go for State and one-haif Tor
county purposes The payment Of such tax may
In the discretion of the Legislature, be made
condition to the right Of voting.
Section 8 relates to the qualifications of voters
on the adoption or rejection Of this Constitution.
In Section tie words actually and not con-
struetively" 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
section, after Idiot or insane, !" the words d" 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 provlso 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, Sin the old Con-
stitution. There are some other changes In the
Article but relating mainly to phraseoogy and
arrangement. .. -
ARTICLE uI-DIsTRIBUTIoS OF POWERS.
This Article is 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, TO 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 Assenbymen for two years. The usual
powers Of parliamentary bodies are conferred.