Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-12-24
CONSTITUTION OF NEVADA.
ooNsT1TUTIoNXoFl NEVADA.

aOSLEuCt VI lhS SOhstAIoLASn - 49, 1880 ~
Nevada, adopted on the seventh day of Sep
TENDER. 1t is greatly condensed, occupying
but a 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.
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 unapprop.
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
dents shall not be taxed higher than lands OF citi
zens ofthe proposed State. These enaetments are
made in compliance with the terms OF the Ena
bling Act, and are declared irrevocable without
the consent of tho United States and ofthe people
of the State Of Nevada
The preamble to the Constitution Ia the same
MS 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 blessings, insure domestic tranquility
and form q more perfect Government, 90 estaO
lish this Constitution"
= ARTICLE SOLICITATION OF RIGHTS.
Section declares all men by nature free and
e0uul, 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 rgh,
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 its constitutional pow
ers, an the same have been or may be defined by
the Supreme Court of the United States and nc
mower 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 c0nfers full
and perpetuate its existence and whatsoever 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 tc
its authority
but provides that three.fourths of jury in any
civil ease may find verdict unless the Legisa
ture by two-thrds vote shall require such YER
diets TO be unanimous.
Sections requires perfect religious federation
and freedom OF conscience. No person 10 be ex
cludcd as q witness on account of religious opin
ions.
Section 5 secures the writ of habeas corpus
except in cases of rebellion or invasion.
Section 6 prohibits excessive bail, cruel or I'M
usual punishments, etc
Section requires that all persons accused shall
be bailabc, except for capital offenses.
Section 3 prohibits trials for crime except on
presentmcnt or indictment, and establishes the
usual safeguards as personal and property rights
Section 9 secures the 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 to
hold public meetings etc.
Section II subOrdinates the military to Che civil
power prohibits standing army in time Of peace,
and limits army appropriations i'll time of war to
two years.
Section IL forbidS the bieting of soldiers.
Section H. Representation shall DO apportiOued
according to population.
Section Ii requires the exemption ola reasonable
amount of property from execution for debt, and
fOTbidS imprisonment for debt, except IN case OF
fraud, libel or SANDER"
Section Is fUrbds the passage Of any bill of at.
thinder, ex post facto law, or law impairing the
obligation of contracts.
Section Ii secures to foreigners, on becoming
bona tidC residents, the same property rights as
nativeborn citizens
Section II prohibits slavery.
Section IL 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
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 all
rights not enumerated.
The most considerable change from the old
Constitution in this Article is in the paramount
pf Snrfinp which In the OH
Constitution read thus: q" But the paramount al
legance 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 &c
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
mcnt to maintain and perpetuate its existence
and whensOcver any portion of the States, orpeo
pie thereof, attempt to secede from the Fedora
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, as being sufficiently provi
dcd for in the article on Legislative Department
The words Libel or SANDER" were inserted
in Section Il, relative TO imprisonment for DEBT
on account of the adoption of stringent proyi
SiOnsfOrthc prevention and punishment Ofduelline
The provision in Section 49, relative to con
victiOns of treason, was not contained in the old
Constitution.
ARTICLE II-RGHT 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 have
actually and not cOnstructively resided in the
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 person who
after arriving at the age Of eighteen years, shal
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 thu
Federal Government, and no idiot or insane per-
SON. shall be entitled TO the privilege of an elector
Section . provides that no person shall bt
deemed TO have gained or lost residence for thu
purpose of voting while in the service of TIT
United States, while student in any seminary o.
learning, nor while kept in any almshouse, asy'
lum or prison Of the public expense.
Section secures the right of suffrage 10 United
States soldiers and sailors. No poll tax or regis
tratiOn Is required of such voters.
Section prohibits arrests on civil process or
election days.
Section provides that all elections by the peo
pie shall be by ballot and by the Legislature
uiUd uoce -
Section requires the enactment of registry
law, and authorizes the Legislature to prescribe
rules or oaths as tests of electoral qualification.
Section requires the leyylng of an annual pol
tax of from two to four dollars, on all male resi-
dents between the ages of twenty.one and sixty
wears of age, uncivilized American IEdians ex
cepted, onc-half to 60 for State and one.half fol
county purposes. The payment of such tax may
in the discretion of the Legislature, be made
condition TO the right of voting.
Section relates to the qualifications ofvoterl
Oh 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 possibility o
reckoning the residence or the voter from thu
time he leaves some other State or county Il
come TO Nevada In the last paragraph of th'
section after Idiot or insane" the words "Ol
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 tn,
ground sufficiently.
The provision in Section 6 regarding additiona
oaths or tests of electoral qualifications was no
contained, at least specifically, in the old Con
stitutiOn, There are some other changes in tn,
Article, but relating mainly to phraseology ant
arrangement.
ARTICLE REDISTRIBUTION OF POWERS.
This Article il identical with that of the oil
Constitution-dIviding the powers of the Gov
arn,nent into Legislative Executive and Judcia