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

CON6T1TUT4OhtOf NEVADA.
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-
yenient for reference: ..r, .r... ..-
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 exempting from
taxation all lands and other property of the Uni-
ted States, and declaring that lands of non-reS-
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 EDar
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. II reads thus:
1--WE, 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 q more perfect Government, do estab-
USh this CONSTITUTION.
ARTICLE I-DECLARATIoH 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
pliAeaton 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 tho Federal Govern
IN fha Of al
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 my 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 Suites confers full
power on the Federal Government TO maintain
and perpetuate Its existence, and whatsoever 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
It's 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 atwo.thrds vote shall require such yer.
diets to be unanimous.
Section requires perfect religious federation
and freedom Of conscience. No person to be ex-
cluded as a witness on account Of religious opin.
ions. ......
Section S secures the writ Of hsbeas 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 bailable except for capital offenses.
Section prohibits trials for crime except on
presentment or Indictment and establishes the
usual safeguards as to personal and property rights
Section secures the freedom Of speech and OF
the press, and allows the truth TO be given In CIV.
idence in actions for libel by way classification.
Section 10 establishes the right Of the people to
hold public meetings, etc.
Section IL subordnates the military 10 tho civil
power, prohibits a standing army in time OF peace,
and limits army appropriations in time of war to
two years
Section 10 forbds the billeting OF soldiers.
Section l3 Representation shall be apportioned
according 10 population.
Section Il 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
thlnder, ex post facto law, or law impairinG the
obligation Of contracts.
Section 10 secures to foreigners, OH becoming
bona tide residents, the same property rights As
natiye-born citizens.
Section II prohibits slavery.
Section 10 protects the people against unrens'
enable searches and seizures, and restricts the is
suing Of search warrants.
Section 10 defines treason against the State las
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 20 reserves to the people any and all
rights not enumerated.
The most considerable change from the old
Constitution In this Article IL in the ".paramoun:
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 10 power exists In the people
of this or any other State In the Federal Union TO
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 OH the Federal Govern
ment to maintain aud perpetuate lis existence,
and whensoever any portion of the States or PEG.
pie thereof, attempt to secede from the Federal
Union, CT forcibly resist the execution ofis 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., stricken out, as being sufficiently provI
ded for in the article on Legislative Department.
The words Libel or SANDER" were inserted
In Section H. relative to imprisonment for debt,
sons for the prevention and punishment Ofdueng
The provision in Section -, relative TO con.
victions of treason, was not contained in the old
Constitution.
ARTICLE u-RIGHT OF SUFFRAGE.
Section confers the right of suffrage Oh 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-
Yides 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 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 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-
lum or prison at the public expense. .. o.
Section secures the right Of Suffrage 10 United
States soldiers and sailors No poll tax or regis
tration is required of such voters.
Section prohibits arrests Oh civil process on
election days.
Section S provides that all elections by the peo-
pie shall be by ballot, and by the Legislature
uipd p0ee.
Section 6 requires the enactment of a 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 Icdians ex.
cepteda one half to go for State and one-half for
county purposes. The payment Of such tax may,
in the discretion ofthe Legislature, be made
condition to the right of voting
Section = relates to the qualifications ofvoters
on the adoption or rejection Of this Constitution.
In Section tie words actually and not con-
structively" were not in the old ConStitntion.-
They were inserted to prevent tho possibility OF
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
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