Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-09-22
CONSTITUTION OF NEVADA.

| oo91nSb VI SOhoLLuLAOA VI IL40 oLoSC VI
Nevada, adopted on the seventh day Of Sep
tember. 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.
tion adopting the Constitution of the United
States and IN ordinance forever prohibiting sla-
very, securing perfect religious federation, dis
claiming forever all right and title to unapprOpH-
atcd 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.resl'
dents shall not be taxed higher than lands Of cii-
zens ofthe proposed State. These en8ctments 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. 1t reads thus:
1--WE, tho people of the State Of Nevada, CRATE
full 10 Almighty God for our freedom, In order to
secure its blessings, insure domestic tranquility
and form a more perfect Government, do estab-
lsh this Constitution"
ARTICLE I-DEcLARATIoH OF RIGHTS.
Section declares all men by nature free and
equal, possessing certain inaienable rights, etc,
the language of the section being merely an am
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 10 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 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 It's existence and whensoever any
portion of the States, or people thereof, attempt
10 secede from the Federal Union, or forcibly re-
slst the execution Of its laws, the Federal Gov
ernment 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 two-thirds vote shall require such ver-
diets to be unanimous
Section requires perfect religious liberation
and freedom of conscience. No person TO be ex-
cluded as n witness on account of religious opn-
ions.
Section 5 secures the writ of habeas corpus,
except in cases of rebellion or invasion.
Section prohibits excessive bail, cruel or un-
usual punshments, etc
be bailable, except for capital offenses.
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 10 be given in ev
idence, In actions for libel, by way ofjustihcation
Section 10 establishes the right Of the people to
hold public meetings, etc.
Section II subordinstes the military to the civil
power, prohibits a standing army in time Of peace,
| nd liufa m aDnrnDriaffoOa n time of
two years.
Section 10 forbids the bllleting of soldiers.
Section b. Representation shall be apportioned
according 10 population.
Section IA requires the exemption of reasonable
amount of property from execution fer debt and
forbids imprisonment for debt, ''exceptin case Of
fraud libel or SANDER"
Section Is forbids the passage Of any bill of at
thnder, post facto law, or law impairing the
obligation of contracts.
Section l6 secures to foreigners, on becoming
bona fide residents the same property rights as
natve-born citizenS
Section II prohibits slavery
Section ls protects tho people against unreas-
enable searches and seizures and restricts the Is
suing of search warrants.
Section l9 defines treason against the State (as
in the United States COnstitution) and requires
for conviction "the testimony of two Witnesses
to the same overt act or confession in open Court.
Section % reserves to the people any and all
rights not enumerated.
The most considerable change from the old
Constitution in this Article IL in the paramount
allegiance clause Of Section . which in the old
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 any other State in the Federal Union TO
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
| int nnnfara f11l nn the Fadpral G0veFn.
ment to maintain and perpetuate It's existence,
and whensoever any portion Of the States, or peo-
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 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 81 libel or slander were inserted
in Section IA, relative TO imprisonment for debt,
on account of the adoption of stringent provi-
sions for the prevention and puniShment ofduelling
The provision in Section l9, relative to con-
yctions 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, T" who shall have
actually and not constructively resided In the
|
thirty days next preceding any election" pro-
vdes 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 them,
unless an amnesty be granted to such oy the
Federal Government, and no idiot or insane per-
son. shall be entitled to the privilege Of an elector
| hat M
deemed to have gained or lost residences for the
purpose of voting while In the service of the
United States while student In any seminary Of
learning, nor whilo kept In any almshouSe, asy-
lum or prison at the public expense.
Section 3 secures the right of suffrage 10 United
States soldiers and sailors No poll tax or regis
tration IL required Of such voters.
Section prohibits arrests on civil process on
election days.
: Section S provides that all elections by the peo-
pie shall be by ballot, and by the Legislature
uird uoce.
Section 6 requires the enactment of registry
law and authorizes the Legislature to prescribe
rules or oaths tests of electoral qualification
Section requires the leyying OF an annual Pon
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 ludsns ex-
cepted, one half go for State and one'halt Tor
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 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 Possioility OF
. reckoning the residence or the voter from ine
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
disloyal person" occurred In the old Constitution.
These were stricken out on the ground OF vague.
ness and uncertainty, and because tho preceding
part of the proyiso was alleged to cover the
ground sufficiently.
The provision in Section s regarding additional
oaths or tests of electoral qualifications was not
contained at least specifically, In the old Con
stitutIou. There arc some other changes In the
Article, but relating mainly to phraseolosy and
| arrangement
ARTICLE EuI-DIsTRIBUTIoS OF POWERS,
This Article IL identical with that Of the old
Notwithstanding the powers Of the Gov:
eminent into Legislative, Executive and Judicial
departments, each separate and distinct from the
others. ...-
ARTICLE Iv-LEGIsLATTvE DEPARTMENT
Provides for biennial sessions, 10 commence on
the irst Monday of January following the elec.
tion of members General elections are to be
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