Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-10-25
CONSTITUTION OF NEVADA.

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be found equally useful and far more con-
yenient for reference:
Preceding the Constitution proper is" resolu;
ton adopting the Constitution OF me lhitea
States and an ordinance forever prohioitin6 s ,H
very, securing perfect religious toiera'loli, u.
claiming forever all right and titleto unapproPil
ated public lands, which are left TO the sole us
position Of the United States; exemptlng from ,
taxation all lands and other property OF Tue OhI
ted States and declaring that lands OF non'resi-
dents shall not be taxed higher than lands OF cur
zens ofthe proposed State These enhctinents , are
made in compliance with the terms OF Tue hhh
bling Act, and are declared irrerocable without
the consent of the United States ana OF Tue people
of the State of Nevada
The preamble to tho Constitution Is Inc sumo
as that of the old Constitution. II reads mus
" We, the people of the State OF Nevada, CRATE
full to Almighty God for our freedom, Ill order 10
secure its blessings, insure domestic tranquility
and form IL more perfect 1oFeTHlheh'' "o eH'"o
lish this Constitution"
ARTICLE I-DECLARATIoN OF RIGHTS.
Section declares all men by nature free and
equal, possessing certain inalenable rights, etc.
thu Language of tile section being merely an am
MITIGATION 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: nut inc paramount ulleSiahSo
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 my act tending TO
impair, subvert resist the supreme authority
of the Government of the United States The
Constitution of the United States cOnferS full
power on the Federal Government TO maintain
and pcrpetuate its existence, and whensoover any
portion of the States or people thereof, attempt
to secede from the Federal Union, or forcibly ri.
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 3 establishes the right Of trial by jury,
but provides that three.four,hs of jury in any
civil case may find verdict unless the Legisla
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'
cluded as Il witness on account OF religious opin-
ions.
Section ) secures the writ of habeas corpus
except in cases of rebellion or invasion.
Section d prohibits excessive bail, cruel or TN
usual punishments, etc
Section requires that all persons accused shall
be bailable, except for capital ofIenses
Section I prohibits trials for crime except on
preseuiment or indictment, and establishes the
usual safeguards AZ personal and property rights.
Section secures the freedom OF speech and nf
the press and allows the truth 10 be given in ev-
dence in actions for libel, by way classification.
Section 10 establishes the right Of the people TO
hold public meetings, etc.
Section IL subOrdinates the military to the civil
power, prohibits q standing army in time OF peace,
and limits army appropriations in time Of war I"
two years
Section l. furbids the billeting nj soldiers.
Section -. Representation shall be aPportioned
according 10 population.
Section ii requires the exemption Of reAsOnablt
amount Of property from execution for debt, ant
torbids imprisonment for debt, except i'll case o.
fraud, libel or SANDER
Section Is forbids the passage vi any bill OF nj
tainter, ex post facto law, or law impairing I'll,
obligation OF contracts.
/ Section IL secures to foreigners, on becoming
! bona tide residents, the same property rights a
natiye.born citizens.
| Section II prohibits slavery.
Section Is protects the people against unreas
enable searches and seizures and restricts the Is
| suing of search warrants.
| Section ~ defines treason against the State "a
| in the United States ConstituiiOn), and require
| for conviction The testimony of tw" wi;nesse
10 the sumr overt act, confession in open Court
Section 70 reserves 20 the people any and al
! rights not enumerated.
The most considerable change from the oil
Constitution in this Article is in the paramount
| allegiance" clause of Section =, which i'll the oil
| Constitution read thus But the paramount al
| lpgance 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
| dissolve their connection Herewith, or perform
| any act tending TO impair, subYert or resist III
| supreme authority OF the Government of III
| 4 tfus nf he
states confcrs full power on the Federal Govern
ment 10 maintain and perpetuate lis existence
| and whenSoevcr any portion Of the States, or pet
pie thereof, attempt TO srcede from the Feeders
Union, or forciby resist the execution ofits law
the Federal Government may, by warrant of tn
Constitution, employ armed force III compellln
obedience 10 its authority
Section IL OF the old Constitution, prohi6iin
the Legislature from granting special privilege
etc, was stricken out, rs being sufficiently prov
ded for in the article OIL Legislative Department
The words Libel or SANDER" were insrrte
in Section II, relative TO Imprisonment for deb
on account of the adoption Of stringent prov
SOnsfor the prevention and punishment ufducllin
The provision i'll Section 10. relative 10 col
victionS of treason was not contained in the oil
Constitution.
AKTICLEII-RIGHT OF SUFFRAGE.
Section cOntrrs the right of suffrage on ever
white male citizen OF the United States invent!
one wears OF age and upwards, who shall hay
actually and not cnnstructively resided In III
State six months, and in the district nr count
thirty days next preceding any election !" PR
videS that no person convicted oftreason or telon
in any State or Territory Of the United State
unless restored IT, civil rights, and 10 person VIII
after arriving at the age Of eighteen years sha
have voluntarily borne arms against the Unite
States or held civil or military office under til
so.called Confederate States, or either OF the
| nj uu h, ta1 IN oh
Federal Government, and no idiot or insane pei
son. shall be entitled to the privilege of an electo
Section provides that no person shall
deemed TO have gained or lost residence for Il
purpose of voting while in the service OF Il
United States, while a student in any seminary
learning, nor while kept in any almshousr, ~.
lun or prison ut the public expense.
Section secures the right OF suffrage 10 Unite
States soldiers and sailors. No poll tax or rcgi
tratiOn Is required of such voters.
Section prohibits arrests on civil process {
ELECTION days.
Section provides that all elections by the pc
pie shall he by ballot, and by the Legislatu
rira rOcc.
Section requires the enactment OF rrGistr
law. and authorizes the Legislature 10 present.
rules or ouths tests Of electoral qualification.
Section requires the levying of an annual pc
| TAX of from two 10 four dollars, on all male res
. dents between the ages of twenty-one and ski
| wears OF age, unctvtliZed American I-ul'ths q
cepted. onc.halft to go for State and one'half Fl
county purposes. The payment Of such tax ma
in the discretion of the Legislature, be made
condition 10 the right of voting.
Section relates TO the qualifications OF vote
ON the adoption or rejection of this Constitution
In Section tho words actually and not CO.
strurtiycly" were not in the old Constitution
They were inserted TO prevent the possibility
reckoning the residence or the voter from Il
time he leaves some other state or county
come to Nevada In the last paragraph OF u
section, after d" Idiot or insane the words
dIsloval person occurred in the old Constitutio
These were stricken out on the ground of vagu
ness and uncertainty, and because the precediII
Durt of the proviso was alleged I" cover u
ground sufficiently. ,,,,,..
The provision in Section regarding addition
!. oaths or tests OF electoral qualifications was n
contained, at least specifically, in the Old co
/ stitutiop, There are som0 other changes III u
Article. but relating mainly to phraseolOgy al
arrangement.
ARTICLE OF POWERS.
This Article IA identical with that OF 'he
Observation-Disclosures the powers oil inc 20
r eminent into Legislative, Executive ana !ud'ci
Departments. each separate and distinct from u
) .l.,.I