Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-12-22
CONSTITUTION OF NEVADA.
coNsTITUTIoNIoF NEVADA


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 a resolu.
ton adopting the Constitution of the United
States and an ordinance forever prohibiting sa
very, securing perfect religious federation, dis
claiming forever all right and title to unappropri
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 citi
Zens OF the proposed State. These enactments are
made in compliance with the terms of the Ena
bling Act, and are declared irrevocabe without
the consent of the United States and of the people
Of the State of Nevada.
The preamble to the Constitution ia the same
as that Of the old Constitution. 1t reads thus
I'VE, 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 more perfect Government do estab.
liSh this Constitution"
ARTICLE I-DECLARATIoN OF RIGHTS,
Section declares all men by nature free and
equal possessing certain inallenable rights, etc.
the language of the section being merely an am.
plifcation 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.
meut, 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 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 maintain
and perpetuate its existence, and whensoeyer 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 bv Jury
but provides that three-f0urths of Il jury in any
civil case may find Il verdict unless the Legisa.
ture by Il two-thirds vote shall require such yer.
diets to be unanimous.
Section requires perfect religious federation
aud freedom of conscience. No person to be ex-
cluded as 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 punshments, etc
Section requires that all persons accused shall
be bailablc except for capital Ofenses.
Section ) prohibits trials for crime except on
preSpntmcnt or indictment, and establishes the
usual safeguards personal and property rights.
Section secures the freedom Of speech and of
the press, and allows the truth to he given in er'
dence 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 10 the civil
a..
und limits army appropriations in time of war TO
two years.
Section 10 forbidS the billet4g of soldiers.
Section b. Representation shall be apportioned
according to population.
Section Ia requires the exemption off reasonable
amount of property from execution for debt and
torbids imprisonment for debt, except in case Of
fraud, libel or SANDER"
Section Il forbds 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 iide residents, the same property rights ia
natiYe'bOrn citizens
Section II prohibits slavery.
Section IL protects the people against unrcas'
enable searches and seizures, and restricts the iS-
suing of search warrants.
Section ~ defines treason against the State (Hs
in the United States COnstltutiOn), 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
allegiance" clause of Section ., which in the old
Constitution read thus But the paramount al
legiancc 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
act n
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 whcnsoever any portion of the States, or peo
pie thereof attempt TO secede from the Federal
Union or fUrcibly 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 as being sufficiently prOvi-
ded for in the article on Legislative Department
The words Libel or Islander" were inserted
in Section IA, relative to imprisonment for debt
oil account of the adoption of stringent pr0vi'
sOns for the prevention and punishment OF dueling
The provision in Section 10, relative 10 con-
yictions of treason, was not contained i'll the old
Constitution.
ARTICLE II-RIGHT or SUFFRAGE.
white male citizen of the United states, twenty.
one years of age and upwards, "who shall have
actually and not constructivey 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 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 themI
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 tho
purpose of voting while In the service OF the
United States, while a student in any seminary OF
learning, nor while kept in my almshouse, asy-
lum or prison at the public expense.
Section 3 secures the right of suffrage TO United
States soldiers and sailors. No 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
uira poce.
Section requires the enactment Of registry
law, and authorizes the Legislature to 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 uncivilized American IrdianS e1'
cepted, one-halfto go for State and one'halt Tor
county purposes The payment OF such tax may
in the discretion of the Legislature, be made a
condition to the right of voting.
Section relates to the qualifications OF voters
on the adoption or rejection of this Constitution.
In Section tie words actually and not con-
structiyely" 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 10
come TO Nevada In the last paragraph OF the
section, after Idiot or insane" the words OF
dsloyal 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-
stitution. There are some other changes IN the
Article, but relating mainly to phraseology ana
arrangement
ARTICLE REDISTRIBUTION OF POWERS.
This Article is identical with that of the old
Notwithstanding the powers of the Gov;
ernment into Legislative, Executive and Judicial
Departments, each separate and distinct from the
others. .-n
ARTICLE Iy-LEGISLATlVED DEPARTMENT.
Provides for biennial sessions, TO commence on
i'll mo- plac.