Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-11-17
ooNsr1ruT1oNfoF NEVADA.

be found equally useful and far more con-
.yenient for reference: .r
Preceding the Constitution proper Is 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 unapproprl-
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 lands OF citt
zens ofthe proposed State. These enactments 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
as that of the old Constitution. II reads thus:
ave 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 n more perfect Government, do estaD-
| lish this Constitution"
NEUTRALITY-SUSPICIOUS. 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
| plihcation 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 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 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 conters full
| power on the Federal Government to maintain
| and perpetuate its existence, and whensoever 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 TO be unanimous.
| Section requires perfect religious liberation
and freedom of conscience. No person to be cx-
| cluded rs witness on account of religious opin'
| ions.
Section 5 secures the writ of habeas corpus,
| except in cases of rebellion or invasion.
| Section prohibits excessive bail, cruel or UNI
| usual punishments, etc
Section requires that all persons accused shall
be bailabe, except for capital olfenses.
| Section prohibits trials for crime except on
preseutment 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 ev-
idence in actions for libel by way classification
Section ~ establishes the right of the people to
| 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 to
| two years.
Section 10 forbids the billeting of soldiers.
| Section Is. Representation shall be apportioned
| according 10 population.
Section IA requires the exemption Of reasonable
amount Of property from execution for debt and
forbids 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 II secures 10 foreigners, on becoming
bona tide 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 10 defines treason against the State las
| In the United States Constituton), and requires
| for conviction /" the testimony of two witnesses
10 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
! allegiance clause of Section 9, which in the old
| Constitution read thus /" But the paramount al.
leglance 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 10
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 10 maintain aud perpetuate lis existence,
and whatsoever any portion of the States, OIL eo.
pie thereof attempt to 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 II of the old Constitution, prohibiting
the Legislature from granting special privileges,
ETC., was stricken out, as being sufficiently pToVl'
ded for in the article on Legislative Department.
Tho words libel or SANDER" were inserted
in Section IA, relative 10 imprisonment for debt,
| on account Of the adoption of stringent provi.
Sions for the prevention and punishment ofduelling
The provision in Section 10, relative 10 con.
victions of treason, was not contained In the old
Constitution.
ARTICLE u-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 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 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 military Office under the
| socalled 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 eector
| 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 student in any seminary of
learning, nor while kept in any almshouse, asy.
| linn nr nriQnD the nuhlfp
Section secures the right of suffrage to United
States soldiers and sailors. Nc poll tax or regis
tralion Is required of such voters.
Section prohibits arrests on civil process on
| election days.
Section provides that all elections by the peo-
pie shall DO by ballot, and by the Legislature
| uird uoee.
Section requires the enactment Of a registry
law, and authorizes the Legislature 10 prescribe
! rules or oaths as tests of electoral qualification.
Section requires the 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, uuciviliZed American I:dianS. ex-
cepted, onehalf TO go for State and one-half for
county purposes. The payment Of such tax may,
1 in the discretion of the Legislature, be made
j condition 10 the right of voting.
I Section relates TO the qualifications Of voters
on the adoption or rejection Of this Constitution
In Section tie. words actually and not con-
Structively" were not in the old Constitution.
1 uty WCEe lubcIbca pHCfcAt hAV POoe-oAHNy
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
| secion, after Idiot or insane" the words " 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 proviso 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, in the old Con.
4 stitution There are some other changes in the
Article, but relating mainly to Phraseology and
arrangement
| ARTICLE REDISTRIBUTION OF POWERS.
This Article Is identical with that of the old
| Misunderstanding the powers Of the Gov.
| eminent into Legislative, Executive and Judicial
| Departments, each separate and distinct from the
| others. .... ....
| ARTICLE Iy-LEGIsLATIvE DEPARTMENT.
| Provides for biennial sessions, TO commence on
| the first Monday of January following the cleo
| ton of members. General elections are 10 DO
held on the Tuesday after the first Monday in
| November. Senators hold office for four years
| and Assemblymen for two years. The usual
| powers of parliamentary bodies are conferred.
| No member may hold any Office created during
his term until one year after the expiration Of
such term. No person holding lucrative othce
under the United States or any other Govern.
| ment can hold any office under the State except
Commissioners of Deeds, and Postmasters whose
| compensation does not exceed $500 per annum
Embezzlement defalcaiion and bribery are made