Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-10-28
coNsr1rur1oN OF NEVADA.

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-
venientfo for reference: E =
Preceding the Constitution proper is a resolu.
ton adopting the Constitution of the United
states aud au ordinance forever prohibiting sla'
very, securing perfect religious tolerationr dis
Claiming forever all right and title TO unappropri
a'ed public lands, which arU 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 citi'
zehs otthe proposed clute. 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
Inc preamble 10 the Constitution is the same
as that oil the, old Constitution. II reads thus {:
We, the people of the State of Nevada, CRATE
iul TO Almighty God for our freedom, in order TO
secure Its blessings, insure domestic tranquility
and form more perfect Government, do estab-
fish this Constitution"
ARTICLE I-DECLARATIOS OF RIGHTS.
Section declares all nen by nature free and
equal, possessing certain nalienable rights, ETC.,
tue language OF the section being merely nm am
SECTION asserts that the ductrue of the inhe.
rent political power Of the people and their right
10 establish or change their form of Government,
and continues: But the paramount allegiance
OF every citizen is due 10 the Federal Govern.
nient, in the exercise OF all its constitutional pow
ers, us the same have been or may be defined by
the Supreme Court of the United States und no
power exists in the people of this or uny other
state OF the Federal Union to dissolve their con-
necton Herewith, or perform any act tending to
impair, suOvert or resist the supreme authority
OF the Government Of the United States The
Con, tltulion Of the United States cunfers full
power on the Federal Government 10 main tain
ana ptrpeluute It's existence, and whcnsOevrr any
portion OF the States, or people thereof attempt
TO Secede from the Federal Union or forriblv re-
siSt the execution OF its laws, the Federal Gov.
ernmrni may, by warrant Ut the Constitution,
employ armed force in compelling obedience to
its authority"
Section establishes the right Of trial by jury,
nut provides that thrre.tourlhs Of Jury Ia any
civil case may lind verdict unless the Lessla
tnre by atwo'ihirds vote shall require such yer.
diets 10 be Unanimous
section requires perfect religious liberation
and freedom OF conscience. No person 10 be ex.
cIuded as Il witness ON account OF religious Opin.
ions.
S"ciion = secures the writ Of habcas corpus,
except In cases of rebellion or invasion
Section prohibits excessive bail cruel or I'M.
usual punishIneuts, etc
Section requires that all persons accused shall
be bailable, except for capital Oilrnsrs.
Section prohibits trials for crime except on
preSentmenl or indictment, and establishes The
usual safeguards as 10 personal and properly rights
Section secures the freedom OF speech and ut
the press, and allows the truth To be given in ev.
idence, in actions for libel, by way of justification
Section 10 establishes the right of the people to
hold public meetings, etc
: Section ii SuOordinaies the military to the civil
power, prohibits standing army in time of peace.
and limits army appropriations in time Of war Ia
two years.
Section - forbids the billeting of'soldiers.
Section 10. Representation shall DO apportioned
according to population.
Section III requires the exemption of reasonable
amount OF property from execution for debt. and
t"rbids imprisonment for debt except in case Of
fraud, libel or SANDER"
Section - fOrbids the passage OF any hill uf at
tander. rx post fucto law, or law impaIrinS the
obligation OF contracts
Section IL secures 10 foreigners, on becoming
bona ride residents, the same property rights ii,
mutve-born citizens
Section Il prohibits slavery.
Section II protects the people against unreas
enable searches and seizures, and Restricts the is
suing OF search warrants.
Section l9 deiiues treason against the State "a,
in the United States COnsttuiiOn), and requires
for conviction the testimony OF two witnesses
10 the overt act, or confession in open Court.
Section 20 reserves 20 the people any aud nj
rights not enumerated.
The most considerable change from the olC
Constitution in this Article is in the paramount
allegiance" clause OF Section ., which in the oil,
Constitution read thus: But the paramount al
! legiance of every citizen is due 10 the Fedora
! Government; and no power exists in the peopl,
OF this or any other State in the Federal Union IL
! dissolve their connection Herewith, or perform
| any net tending 10 impair, subvrrt or rrsisi tn,
| supreme authority Of the Government Of III,
| United States. The Constitution Of tue United
| states coniers full power on the Federal Govern
| ncnt to maintain and perpetuHte its existence
and whatsoever any portion OF the States, or peO
| pie thereof attempt 10 seccdr from the Federu
Union or iorciGly resis; the eXccutionoG its laws
| the Federal Government may, by warrant of III,
| Constitution, employ armed force in compelling
| obedience Ia its authority"
Section II of the old Constitution, prohibiting
I the Legislature from granting special privileges
etc., WAS stricken out, Us being sufficiently prOri
| ded for in the article on Legislative Department
The words libel or Islander" were inserted
| In Section Il, relative TO imprisonment for debt
on account Of the adoption OF stringent provi
sionsfor the prevention and punishment otduelling
The provision Ia Section -. relative 10 con
victious of treason WIS not contained in the old
| Constitution.
ARTICLE II-RIGHT or SUFFRAGE.
Section coufers the right Of suffrage OH every
white male citizen of the United states. twenty
| one Years oil age and upwards, who shall hav,
actually and nor constructivrly resided in the
State six MONTHS, and in the district or county
| thirty days next preceding any election pro-
vdvs that no person convicted UftrrasOn or felony
| in any State or Territory of the United States
unless restored 10 civil rights, and no person who
after arriving nj the aye Of eighteen years, shall
have voluntarily borne arms against the United
States or held civil or military Office under the
so.callrd Confederate States or either OF them,
unless IN umursty be granted TO such by the
Federal Government, aud no idiot or 'aSane per
son. shall be entitled to the privilege OF an elector
Section = provides that no person shall he
deemed 10 have gained or lost residence for tile
purpose OF voting while In the service Of the
United States while student in any seminary Of
learning, nor while kept In any almshousc, 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
tralion Is required Of such voters.
Section prohibits arrests on civil process on
election days.
section provides that all elections by the PEG
Pile shall be- by ballot, and by the Legislature
cirG cocs
section requires the enactment of II registry
law, and authorizes the Legislature 10 prescribe
rules or oaths as tests of electoral qualification.
Section requires the lerying CT AN annual poll
tax of from two to four dollars, oh all male resi-
dents between the ages Of twenty.one aud sixty
years Of age, uncirIliLed American dians eS
cepted, one.halfto go for State and one-half fol
county purposes. The payment Of such tax may
in the discretion of the Legislature, be made d
condition 10 the right Of voting.
Section relates to the qualifications ofvoters
Oh the adoption or rejection Of this Constitution
In Section tEe words actually and not con
Strurtively" were not in the old Constitution
They were inserted TO prevent the possibility oI
reckoning the residence or the voter from The
time he leaves some other state or county "a
CONS to Nevada In the last paragraph Of the
Sec ion, after Idiot or insane, the words OF
dIsloyHl 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 6 regarding additional
oaihs 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 It-DISTRIBuTIoS OF POWERS
This Article il identical with that OF the old
Constitution-dividing the powers OF the Gov
rrnment into Legislative, Executive and Judicial
Departments, each separate and distinct from INT
others
ARTICLE Iv-LEalsLATIvE DEPARTMENT.
Provides for biennial sessions, 10 commence on