Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-12-15
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The following is complete and correct
abstract Of the Constitution Of the state o.
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 resolu.
ton adopting the Constitution of the United
States and an ordinance forever prohibiting sls-
very, securing perfect religious liberation, DIS
claiming forever all right and tIGsto unappropn.
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 hands Of cfti-
zens ofthe proposed State These enactments are
made in compliance with the terms Of the Ena
bling Act, and IRE declared irrevOcable without
the consent Of the United States and of the people
Of the Suite Of Nevada. n.y. =. }" 1-5.lss 5ll
The preamble 70 the Constitution II the same
as that of the old constitutional Ii reads thus:
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-
fish this Constitution"
ARTICLE I-DECLARATIoS OF RIGHTS.
Section declares all men by nature flee and
equal, possessing certain inalienabe rights, etc.,
the language Of the section being merely an am.
plifcaton 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 Ia 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
Constitution of the United States confers full
power on the Federal Government TO malntain
and perpetuate Its existence, and whenBoever any
portion of the States, or people thereof attempt
to 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 a jury In any
civil case may find verdict unless the Legisla
ture by q two.thirds vote shall require such YER
diets to be unanimous.
Section 4 requires perfect religious federation
and freedom Of conscience. No person TO be ex-
cluded rs II witness on account Of religious opin'
ions. o.. 90
Section secures the writ of hsbeas corpus,
except in cases of rebellion or invasion.
Section prohibits excessive bail, cruel or un'
usual punIshments, etc
Section 7 requires that allpersons accused shall
be bailable, except for capital ofenses.
Section prohibits trials for crime except on
presentment 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 10 establishes the right of the people TO
hold public meetings, etc.
Section IL mbOrdinates the military 10 the civil
power. prohibits standing army in time OF peace,
and limits army appropriations in time OF war to
two years. 90 ftht -titi
Section 10 forbids the billeting of soldiers.
Section u. Representation shall be apportioncd
according to population.
Section "A requires the exemption ofa reasonable
amount of property from execution for debt, and
forbds imprisonment for debt, except In case OF
fraud libel or SANDER"
Section Is forbids the passage of any bill Of at
thInder, ex post facto law, or law impairing the
obligation of contracts.
Section IL secures TO foreigners, on becoming
bona fide residents, the same property rights as
nativeiborn citiSenG 81 F2'g 'ssStEfA
Section II prohibits slavery.
Section 10 protects the people against unreas'
enable searches and seizures, and restricts the is
suing of search warrants. p = y
Section l9 defines treason against the State (as
in the United States Constitution), and requires
for conviction 1.-THE testimony Of two witnesses
to the same overt act, or confession in open Court
Section 20 reserves to the people any and oil
rights not enumerated. :,
The most considerable change from the old
Constitution in this Article is In the paramount
allegiance" clause Of Section 2, which In the olf
Constitution read thus: " But the paramount al
! legiance of every citizen Ia due to the Fedora
Government; and no power exists in the people
Of this or any other State In the Federal Union tc
dissolve their connection Herewith, or perform
any act tending to impair, subvert or resist tht
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 nS existence
and whatsoever any portion OF the States, or PEG
pie thereof, attempt TO secede from the Fedora
Union, forcibly resist the execution OF itS laws
| the Federal Government may, by warrant Of thu
Constitution, employ armed force in compelling
obedience to its authority" .t.r..-.ts
Section IL of the old Constitution, prohibiting
the Legislature from granting special privileges
etc. was stricken out, as being Sufficiently PROV
| ded for In the article on Legislative Department
The words "libel or SANDER" were inserted
in Section II, relative TO imprisonment for debt
on account of the adoption of stringent provi
sionsfor the prevention andpunlshmentp fdneilint
The provision In Section 10, relative to con
yictlons Of treason, was not contained in the ole
Constitution. a..r,s-, a. .,,y.ts. ,r.ag IN. sI.
ARTICLE H-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 hav'
actually and not constructiVely resided in thu
State six MONTHS, and In the district or county
thirty days next preceding any election pro
vides 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
soealled Confederate StateE, 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 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 almshouser asy'
lum or prison at the public expense, ,,.,
Section secures the right Of sdfffageto United
States soldiers and sailors s No POI tax Or regis
Section 4 prohibits arrests on civil process on
election days. '-F
Section 5proyidss that all elections by the PEG
pie shall be by ballot, and by the Legislature
pipd poce 20.
Section requires the enactment Of registry
law. and authorizes the Legislature to presCr1of
rules oaths tests of electoral qualification
= Section requires the levying ofan annual poll
tax of from two 10 four dollars, on all male resi-
dents between the ages of twenty-one and sixty
years of age, uneivilized American l. dams ex'
cepted, one.halfto go for State and one.hsif for
county purposes. Thepayment Of such tax may,
In the discretion of the Legislature, be made
condition to the right Of voting.
Section relates TO the qualifications ofvo!ers
on the adoption OF rejection of this Constitution
In Section lite words " actually and not con-
structively" were not u the old Constitution. ~
They were inserted to prevent the possibility o.
reckoning the residence or the voter rom the
time be leaves some other State or comfy 70
come 70 Nevada In .ths Inst paragraph OF me
section, after "Idiot Or insane, the words = or
dlsloyRl person" occurred In the old Constitution.
These were stricken out on the ground OF vague
mess and uncertainty, and because the preceding
part Of the proviso was alleged to cover the
ground sufficiently. ais Hf'a " .. l'l
The provision in Section 6 regarding additional
osths or tests Of electoral qualifications was not
contained, at lesIt specifically, In the old Con
Stitution. There are some other changes In the
Article, but relating mainly to phraAeologys ana