Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-11-04
CONSTITUTION OF NEVADA.

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 aud al ordinance forever prohibiting sla-
very, securing perfect religious federation, 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-resi.
dents shall not be taxed higher than lands of ci;.
zens ofthe proposed state. These enactments are
made in compliance with the terms Of the Ena
bling Act, and are declared lrrevocable without
the consent of the United States and of she people
Of the State of Nevada
The preamble TO the Constitution il the same
as that of the old Constitution. 1t reads thus {:
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 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 an am
pltcation 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
nent, 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, suhvert or resist the supreme authority
of fha (snyprumaDt Df fhp f,.1 bp
| Con. titution of the United States confers full
! power on the Federal Government to maintain
and perpetuate its existence, and whensoever any
portion of the States, people thereof, attempt
| 10 secede from the Federal Union, or forcby re-
| sist the execution of its laws the Federal Gov.
eminent may by warrant of the Constitution,
employ armed force in compelling obedience 10
| 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
! iure by a two-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 n witness Oh account Of religious opin
| ions.
Section ) secures the writ of habeas corpus
| except in cases of rebellion or invasion.
| Section prohibits excessive bail, cruel or IN
usual punshments, etc
Section 7 requires that all persons accused shall
! be bailable except for capital oiIenses.
| Section prohibits trials for crime except or
presentment or indictment, and establishes thu
usual safeguards TO personal and property rights
| Section y secures the freedom of speech and O
| the press, and allows the truth TO be given in ev
idence In actions for libel, BY way classification
Section ~ establishes the right Of the people tC
| hold public meetings, etc.
Section II nubordinates the military TO the ciri
power, prohibits n standing army in time Of peace
! int I'm. n
| two years.
! Section l2 forbids the bileting of soldiers
Section l3. Representation shall BIZ apportione(
according to population.
:. Section Il requires the exemption of a reasonable
| amount OF property from execution for debt, an'
! forbds imprisonment for debt, except IN case
fraud, libel or SANDER"
| Section Is forbidS the passage Of any bill of at
I tainder, ex post facto law, or law impnirinB tn
! obligation OF contracts.
! Section 10 secures TO foreigners, on becomini
bona tide residents, the same property rights
| native.born citizens
Section II prohibits slavery.
Section ls protects the people against unreas
enable searches ind seizures, and restricts the ID
| suing of search warrants
Section 70 defines treason against the State "a
| in the United States Constitution), and require
for conviction the testimony of two witnesse
to the same overt act, or confession in open Court
Section 20 reserves 10 the people any aud III
rights not enumerated.
The most considerable change from the oil
| Constitution in this Article Is in the paramount
allegiance clause of Section 2, which in the OLE
| Constitution read thus: But the paramount al
| Iegiance Of every citizen is due TO the Fedora
| Government and no power exists in the peopl,
of this or any other State in the Federal Union 4
| dissolve their connection Herewith, or periOru
any act tending to impair, sn6vert or resist thu
supreme authority OF the Government Of TIL
| Of he.
states coufrrs full power OH the Federal Govern
ment to maintain and perpeluate its existence
| and whensOever any portion Of the States, or PEG
pie thereof, attempt 10 secede from the Fedora
Union or forclbly resist the execution Of Its laws
| the Federal Government may, by warrant Of thu
| Constitution, employ armed force IN competing
| obedience to its authority"
Section IL of the old Constitution, prohibiting
| the Legislature from granting special privileges
| etc, was stricken out, III being sufficiently provi
ded for in the article OH Legislative Department
The words libel or Islander" were inserted
| in Section a. relative 10 imprisonment for debt
on account of the adoption of stringent provi
sion for the prevention and punishment otduellin
The provision In Section ~. relative to con
victionS of treason, was not contained in the oil
Constitution.
ARTICLE u-RIGHT OF SUFFRAGE.
Section confers the right Of suffrage ON ever.
| white male citizen of the United states, twenty
one years OF age and upwards, "who shall hav
actually and not constructivcly resided IN til
| State six months, and in the district or count,
thirty days next preceding any election pro
vidrs that person convicted ottreason or teion.
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 military office under the
! so-called Confederate States, or either Of them
unless an amnesty be granted 10 such by th'
| Federal Government, and no idiot or insane per-
son. shall he entitled to the privilege of an elector
Section provides thar no person shall bt
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.
Section secures the right of suffrage 10 United
States soldiers and sailors Nc poll tax or regis
tration Is required Of such voters.
| Section prohibits arrests on civil process on
| election days.
section provides that all elections by the peo'
pie shall be by ballot, and by the Legislature
Uird uoce.
section requires the enactment of registry
| law and authorizes the Legislature 10 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 betwee the ages of twenty.one and sixty
years OF age, uncivilized American l dians ex'
cepted, one-halfto go for State and one'half for
county purposes. The payment Of such tax may,
in the discretion of the Legislature, be made O
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 aud not con-
structively" 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
sec ion, after Idiot or insane" the words " or
disloyal person" occurred In the old Contribution
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
osths or tests Of electoral qualifications was NOT
contained, at least specifically, In the old Con
stitution. There are Some other changes In the
Article, but relating mainly TO phraseology and
arrangement.
ARTICLE III-DIsTRIBUTIoE 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. .... En-.
ARTICLE Iv-LEGIsLAT1vE DEPARTMENT.
Provides for biennial sessions, 10 commence on
the first Monday OF January following the cleo
tion, Of members General elections are to be
held on the Tuesday after the first Monday in
November. Senators hold Office for four years
and Assemblymen for two years. The usual
powers of parliamentary bodies are conferred
No member may hold any Office created during
bis term until one year after the expiration Of
such term. No person holding lucrative office
under the United States or any other Govern.
ment can hold any Office under the State except
Commissioners of Deeds, and Postmasters whose