Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-12-07
CONSTITUTION OF NEVADA.
CONSTITUTIONS. OF NEVADA.

o
The following is complete and correct
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 a resolu.
ton adopting the Constitution of the United
States and an ordinance forever prohibiting sla-
very, securing perfect religious liberation, dis
claiming forever all right and title to unapproPr-
ated public lands which are left to the sole dis
position Of the United States; exemptlng from
taxation all lands and other property of the Uni
ted States, and declaring that lands Of non'resl-
dents shall not be taxed higher than lands OF cit
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 ofthe people
of the State of Nevada
The preamble to the Constitution Is 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-DECLGRATIoN OF RIGHTS.
Section declares all men by nature free and
equal, possessing certain nalenable rights, ETC.,
the language Of the section being merely an am.
plfcatiOn 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 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 10 maintain
and perpetuate its existence, and whensoever 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 jury in any
civil case may find verdict unless the Legsla
ture by atwo-thrds vote shall require such yer.
diets TO be unanimous.
Section requires perfect religious liberation
and freedom of conscience. No person to be ex.
cluded az a witness on account Of religious opin-
ions.
Section secures the writ Of habeas corpus,
except in cases of rebellion or invasion.
Section 6 prohibits excessive bail, cruel or un.
usual punshments, etc
Section requires that all persons accused shall
be bailable except for capital otfenses.
Section prohibits trials for crime except on
presentment or indictment, and establishes the
usual safeguards to personal and property rights
Section 9 secures the freedom Of speech and OF
the press, and allows the truth to be given III ev
idence in actious for libel by way Capitalization
Section 10 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 10
two years.
Section 10 forbIds the billeting of soldiers. =,
Section l3. Representation shall be apportioned
according to population.
Section IA requires the exemption Of a reasonable
amount of property from execution for debit and
forbids Imprisonment for debt, except incGSe OF
fraud, libel or SANDER"
Section 10 forbids the passage of any bill of at.
tAInder, ex post facto law, or law impairing the
obligation of contracts.
Section Ii secures to foreigners, on becoming
bona fde residents, the same property rights as
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 lg defines treason against the State las
in the United States ConstitutIon), and requires
for conviction Z" 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
oil slam nf y
Constitution read thus But The paramount al.
legiance 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 70
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 PEG.
pie thereof, attempt 10 Sccede from the Federal
Union, or forcbly resist the execution ofits laws,
the Federal Government may, by warrant Of the
Constitution, employ armed force in competing
obedience to its authority"
Section II Of the old Constitution, prohibiting
the Legislature from granting special privileges
ETC., was stricken out, rs being sufficiently provi'
ded for in the article on Legislative Department.
The words libel or Islander" were inserted
in Section H. relative TO imprisonment for debt
on account OF the adoption Of stringent proyi'
sions for the prevention aud punishment ofdueling
The provision in Section 70, relative 10 con,
yictions of treason, was not contained in the old
Constitution.
ARTICLE II-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
ydcs 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, snail
have voluntarily borne arms against the United
| Suites or held civil or military office under the
so-called Confederate States, or either of them
unless an amnesty BIZ granted to such by the
Federal Government, and no idiot or insane per-
son. shall be entitled to the privilege OF an elcetor
Section Q provides that no person shall Dc
| deemed to have gained or lost residence TOT ths
purpose Of voting while In the service of the
United States, while Il student in any seminary o.
\ learning, nor while kept in any almshouse, asy'
lum or prison at the public expense.
Section secures the right of suffrage 10 UniteC
States soldiers and sailors, No poll tax or regis
tration IS required Of such voters.
Section 4 prohibits arrests on civil process OF
| election days
Section provides that all elections by the peo
|
| rfrd poee.
Section requires the enactment Of registry
law, and authorizes the Legislature TO prescribe
rules or oaths tests Of electoral qualification.
Section requires the levying of an annual pol
tax of from two to four dollars, all male resi-
dents between the ages of twenty.one and sixty
years of age, uncirilized American Irdans ex
eepted, one-halfto go for State and one.half fol
county purposes The payment of such tax may
in the discretion of the Legislature, be made 1
| condition TO the right Of voting.
Section relates TO the qualifications ofvoterl
on the adoption or rejection of this Constitution
In Section tie words actually and not con
structvely" were not in the old Constitution
| They were inserted to prevent the possibility o
reckoning the residence or the voter from TIL
time he leaves some other State or county Z
| come to Nevada In the last paragraph of thu
section, after g. Idiot or insane, 1.-THE words " Of
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 proylso was alleged to cover thu
ground sufficiently.
The provision in Section regarding additional
oaths or tests of electoral qualifications was no
contained, ut leaSt specifically, in the old Con
stitution. There are some other changes In TIL