Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-10-18
CONSTITUTION OF NEVADA.

Neyada, 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 a resolu.
ton adopting the Constitution of the United
States and I'm ordinance forever prohibiting sla-
very, securing perfect religious tolerstionr dis
claiming forever all right and title TO unappropri'
ated public lands, which 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 cti
zens ofthe proposed state. These enactments are
made in compliance with the terms Of the Ena'
bling Act, and are declared irrevocable without
tho 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 ::
e We, the people OF the State of Nevada, CRATE
ful 10 Almighty God for our freedom, In order TO
secure It's blessings, insure domestic tranquility
and form more perfect Government, do estao-
lish this Consttution.p .- . "
ARTICLE EI-DECLARATIoN OF RIGHTS.
Section declares all men by nature free and
euNult pObbobeluH AlBhbot StSFB
the language Of the section being merely an am
plihcation 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: q 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 tho United States. The
Constitution of the United States confers full
power on the Federal Government 10 maintain
and perpetuate its existence, and whensoeyer any
portion of the States, or people thereof, attempt
10 secede from the Federal Union, or forcibly re-
siSt 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 jury in any
civil case may find verdict unless the Legisla
ture by 4 twO.thirds vote shall require such YER
diets 10 be unanimous.
Section requires perfect religious liberation
and freedom of conscience. No person to be cX-
eluded rs u witness on account Of religious opin-
ions.
OcCllOu O seCuEts tue VIII vi pusp
except in cases of rebellion or invasion.
Section prohibits excessive bail, cruel or I'M
usual punishments, etc
Section 7 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 personal and property rights
Section 9 secures the freedom Of speech and Of
the press, and allows the truth TO be given in ev.
dcncc in actions for libel, by way Ofjustihcation.
Section 10 establishes the right Of the people 10
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 to
two years.
Section II forbids the billeting of soldiers.
Section -. Representation shall be Hpportioned
according TO population.
Section Ii requires the exemption Of a reasonable
amount of property from execution fer debt and
forbids imprisonment for debt, except in case OF
fraud, libel or SANDER"
Section Is forbids the passage Of any bill Of ut
tAinder, ex post facto law, or law impairing the
obligation of contracts
Section IL secures to foreigners, on becoming
bona tide residents, the same property rights rs
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 l9 defines treason against the State (as
in the United States Constituton), and requires
for conviction the testimony of two witnesses
to the same overt act, or confession in open Court
Section 10 reserves to the people any and all
rights not enumerated .H.. r..
The most considerable change from the old
Constitution in this Article is in the paramount
allegiance" clause Of Section 9, which in the old
Constitution read thus But the paramount al
lcgiance of every citizen is due to the Federal
Government /; md 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, subvert or resist the
supreme authority of the Government Of the
United Statea The Constitution of the United
states confers full power on the Federal Govern
ment to maintain md perpetuate Its existence
and whensOever any portion Of the States, or peo
pie thereof, attempt TO secede from the Fedora
Cnion CT 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 provl
ded for in the article on Legislative Department
The words libel or slander" were inserted
in Section ID, relative 10 imprisonment for debt
on account of the adoption of stringent provi
sions for the prevention and punishment ofdueilne
The provision In Section ~. relative TO con
vietions of treason, was not contained in the old
Constitution.
ARTICLE II-RIGHr 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 constructivcly resided in the
State six mohths 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 them
unless IN amnesty be granted to such by the
Federal Government, and no idiot or insane per-
son. shall be entitled TO the privilege Of IN eleotor
Section provides that no person shall bt
deemed to have gained or lost residence for tht
purpose OF voting while In the service OF the
United States, while student In any seminary o.
learning, nor while kept in any almshouse, asy
lum or prison ut the public expense,
Section secures the right of suffrage 10 United
States soldiers and sailors Nc poll tax or regis
tration IL required of such voters. ....... %.
Section prohibits arrests on civil process OF
election days.
section provides that all elections by the peo
pie shall be by ballot, and by the Legislature
uipd u0ce FL.
section requires the enactment OF reShuo
law, and authorizes the Legislature 70 prescribe
rules or oaths as tests Of electoral qualification
Section 7requires the leyying of AL annual pol
tax of from two to four dollars, on all male resi-
dents between the ages Of twenty.o and Sky
years of age, uncivilized American dians eA
cepted, one.halfto go for State and one-hait iol
county purposes. The payment of such tax may
In the discretion of the Legislature, DO maae
condition TO the right Of voting.
Section relates to the qualifications OF Yoisr'
on the adoptlon or rejection of this Constitution
In Section tie words actually and not con
structively" were not in the old Constitutlon.
They were inserted to prevent the possio,ty ~. "
reckoning the residence or the Voter HUI. tis =.
time he leaves some other state or county ~ -
come to Nevada In the lust parssraPn,C' :. ~, =,
sec ion, after Idiot or insane, me woISs -
disloyal person" occurred in the old C9nsu.utUa
These were stricken ont on the grouno oL oSor
ness and uncertainty, and because the preceuhis i,
mar, Of the proyiso was alleged 10 cover uhe
ground sufficiently. ,,. add;,,,,ol
The provision In Section regarding aooiuona'
ontbs or tests of electoral qualifications Tssho'
contained, ut least specifically IN tne ola .SoSn az
st;,r,;nn Tbere are some other changes in the
Article, but relating mainly to phraseolosy and
arrangement. ...0 ...... IL /. ....... .
-71 ,RrtcLE Eur-DIsTRIBUTIoN OF POWERS.
1,his Article IA identical with that OF the old