Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-09-26
CONSTITUTION OF NEVADA.


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 liberation, 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 citi-
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 ia the same
as that of the old Constitution. IL reads thus:
" We, the people of the State of Nevada CRATE
full to Almighty God for our freedom, in order 10
secure its blessings, insure domestic tranquility
and form a more perfect Government do estab-
lish this Constitution
ARTICLE I-DECLARATIoS OF RIGHTS.
Section declares all men by nature free and
equal possessing certain lnalienable rights, etc,
the language of the section being merely Gu am.
plifcRtlou of the Declaration of Independence.
Section asserts that the doctrine of the inhe.
rent political power of the people, and their right
10 eStAOllku OF C1HDBe tueu OF IOFeTDIleHtf
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 rhe United States confers 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 forribly re-
sst 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 3 establishes the right OF trial by jury,
but provides that three.fourthS Of Jury in any
civil case may fud u verdict unless The Legisls
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- ex.
ions.
Section secures the writ OF habeas corpus.
except in cases of rebellion or invasion.
Section 6 prohibits excessive bail, cruel or uu'
usual puuiShnents, etc
Section 7 requires thnt all persons accused shall
be baiable, except for capital oilenses.
Section prohibits trials for crime except on
presentment or indictment, and establishes the
usual safeguards as TO personal aud 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 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.
Sec,iou l2 forbids the billeting of soldiers.
Section l3. Representation shall be appOrtiOued
according to population.
Section II requires the exemption of "a reasonable
amount of property from execution for debt, and
fnrbids Imprisonment for debt except in case of
fraud, libel or SANDER
Section Is forbids the passage Of any bill Of at.
thnder, eN post facto law, or law impairing the
obligation of contracts
Section 10 secures to foreigners. on becoming
bona tide residents the same property rights as
native born citizens.
Section II prohibits slavery.
Section Is protects the people against unreas-
enable searches aud 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 the testimony of two witnesses
to the same Overtuct, 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 is in the paramount
allegiance clause Of Section ., which in the old
Constitution read thus i" 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 10
dissolve their connection Herewith or perform
any act tending to impair, suhvert or resist the
supreme authority of the Government Of the
United States. The Constitution of the United
states confcrs full power on the Federal Govern
meut TO maintain and peTpetuatc its 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 II 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 slandcr" were inserted
in Section IA, relative to imprisonment for debt,
on account of the adoption of stringent provi-
sions for the prevention and punishment ofdueling
The provision in Section 10, relative to con.
victions Of treason, was not contained in the old
Constitution
ARTICLE II-RIGHT OF SUFFRAGE.
Section coufers the right of suffrage on every
white male citizen of the United states, twenty
actually and not constructively resided in the
State six months, and in the district or county
thirty days next preceding any election = pro.
yides that no person convicted oftreason 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 10 such by the
Federal Government, and no idiot or insane per.
SON. shall be entitled TO the privilege of elector
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, ssy:
lum or prison at the public expense.
Section secures the right of suffrage TO 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 provides that all elections by the peo.
pic shall be by ballot and by the Legislature
uiud roce
Section requires the enactment of registry
law and authorizes the Legislature to prescribe
rules or oaths tests of electoral qualification,
Section requires the levyng 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 1Cdlans ex-
cepted one half to go for State and one.hRlf for
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 otvoters
ON the adoption or rejection Of this Constitution.
In Section / tie words actually and NOT con-
struc;lyely" were not in the old Constitution. -
They were inserted TO prevent the possibility oil
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
section, after Idiot or insane, the words or
disloyal person" occurred in the old Constitution.
These were stricken out on the ground OF vngue-
ness and uncertainty, and because the preceding
part of the proviso was alleged to cover the
ground sufficiently. ,...
The provision in Section 6 regarding additional
oaths or tests of electoral qualifications was not
con tanned, at least specifically, in the old Con-
stitution. There are come other changes in the
Article, but relating mainly to phrnseology and
arrangement.
ARTICLE l1I--DIsTRIBUTIoS OF POWERS,
This Article L. identical with that OF the old
Constitution-dividing the powers of the Gov
eminent into Legislative, Executive and Judicial
Departments each separate and distinct from the
Others
ARTICLE EIv-LEG1sLATIvE DEPARTMENT.
Provides for biennial sessions 10 commence on
the first Monday Of January following the elec.
I