Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-10-22
CONSTITUTION OF NEVADA.

!
but a fraction of the room required for the
publication of the whole document, but will
be found equally useful and far more con-
yeuient for reference:
Preceding the Constitution proper Is rcsolu.
ton adopting the Constitution of the United
States and all ordinances forever prohibiting sla.
very, securing perfect religious federation, dis
claiming forever all right and title to unappropri-
ated public lands, which arc 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 citi'
zens of the proposed state. These enactments are
made In compliance with the terms Of the Ina
bling Act, aud ure declared irrevocable without
the consent of the United States and of the people
of the State OF Nevada.
The preamble to the Constitution is the same
rs that of the old Constitution. 1t reads tins
"We the people of the State of Nevada, grate.
full to Almighty God for our freedom in order 10
secure its blessings, insure domestic tranquility
and form more perfect Government, do cstab.
fish this Constitution"
ARTICLE I-DECLARATIoS OF RIGHTS.
Section declares all men by nature free and
equal, possessing certain inalieunble rights, etc,
the language of the section being merely an am
plifcatiou OF the Declaration of Independence.
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 10 the Federal Govern
mrnt, in the exercise Of all its constitutional pow
crs, us the snme 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-
uection Herewith, or perform any act tending TO
impair subvert resist the supreme authority
of the Government of the United States. The
Constitution Of the United States cOnters full
power on the Federal Government TO muintHin
and perpetuate its existence, aud whcnsoever any
portion of the States or people thereof, attempt
TO secedo 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 10
its authority"
Section establishes tho right Of trial by jury,
but provides that three-fourths of jury in nny
| civil case may lind IL verdict unless the Legisla
turc by II twO'thirds vote shall require such YER
diets to be unanimous
Section requires perfect religious liberation
and freedom of conscience No person 10 BE- cX.
cluded lis II witness on account Of religious oPin-
ions.
Section j secures the writ of habeas corpus,
except in eases of rebellion or invasion.
Section prohibits excessive BAIL cruel or un.
usual punishments, etc
Section requires that all persons accused shall
| be bailablc, except for capital offenscS.
Section : prohibits trials for crime except on
prcsentmeut or indictment. and establishes the
safeguards as 10 personal aud property rights.
Section secures the freedom of speech and OF
the press and allows the truth to be given in rv.
dcncc. in actions for libel by way classification.
Section 10 establishes the right Of the people TO
| hold public meetings, etc.
Section II suhordinates the military to The civil
and limits army appropriations in time Of war 10
| TWO years.
Section II forbids the billeting OF soldiers
Section l3 Representation shall DO spportoncd
according 10 population.
| Section II requires the exemption ola reasonable
amount of property FROM execution for debI, and
tOrbidS imprisonment for debt except in case OF
| fraud, libel or Islander"
Section 10 forbids the passage Of any bill Of al
thinder, ex post factO law, or law impairinS the
! obligation OF contracts
Section IL secures 10 foreigners. IN becoming
| bona tide residents the same property rights IL
! native-born citizens.
Section Il prohibits slavery.
Section ls protects the people againSt unrras
enable searches and seizures, ind restricts the is
| suing Of search warrants
! Section ~ defines treason against the State (as
| In the United States COnsttusion). and requires
! for conviction "thr testimony of two witnesse;
.
| Section 20 reserves to the people any and all
| rights not enumerated
! The most considerable change from the old
| Constitution in this Article is in the paramount
allegiance clause Of Section :, which III the Ole
| Constitution read thus: " But the paramount al
| legiancc OF every citizen is due 10 the Fedora
! Government and no power exists in the people
OF this Or any other State In the Federal Union &C
| dissolve their connection Herewith, or perform
! any act tending 10 impair, subvert or resist the
| supreme authority Of the Government OF INT
| United States The Constitution Of the United
| states confers full power on the Federal Govern
mrnt to maintain and perpetuate lis existence
and whensoever any portion of the States or PEG
| pie thereof, attempt TO secede from the Federal
Cnion CT forcibly resist the execution of Its laws
| the Federal Government may, by warrant OF tht
| Constitution employ armed force i'll 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 provi
died. for in the article on Legislative Department
The words Libel Or slander" were inserted
| in Section IL, relative 10 imprisonment for debt
on account Of the adoption of stringent provi
sOns for the prevention and punishment otduelling
| The provision in Section ~, relative TO con
victions of treason, was not contained i'll the old
Constitution.
ARTICLE IT-RGHT 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 cOnstructivey resided in tht
| State six MONTHS aud in the district or county
thirty days next preceding any election; pro
vidcs that no person convicted oftreason or felony
! In any State or Territory of the United States
unless restored TO civil rights and no person VIII
| after arriving nj the age Of eighteen years, shal
| have voluntarily borne arms against the United
| States or held civil or military Office under the
Hal EfafA atfh ar nft hon
unless IN amnesty be granted 10 such by the
Federal Government, and no idiot or insane per.
son. shall be entitled TO the privilege OF an elrCor
Section = provides that no person shall bt
| deemed to have gained or lost residence for iii,
| purpose of voting while in the service Of tht
United States, while student in any seminary o.
learning, nor while kept in any amshouse, nsy'
| 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 In required of such voters
Section prohibits arrests on civil process OF
election days
section provides that all elections by the PEG
pie shall be by ballot, md by the Legislature
riua uoce.
Section requires the enactment OF 4 registry
law and authorizes the Legislature to prescribe
rules or oRths IN tests Of electoral qualification
Section requires the levying Of an annual pol
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 l. dams eX
cepted, oDehalfto go for State and one.half fol
| county purposes The payment of such tax may
| in the discretion Of the Legislature. be made {
condition 10 the right of voting.
| Section relates TO the qualifications Of voter
on the adoption or rejection Of this Constitution
In Section TIE words actually and not con
structively" were not in the old Constitution
They were inserted to prevent the possibility o
| reckoning the residence or the voter from The
time he leaves some other state or county e
| come TO Nevada In the last paragraph Of TIT
lion, after Idiot or insane" the words oil
dsloyaI 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
oa,hs or tests of electoral qualifications was moi
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 REDISTRIBUTION OF POWERS.
This Article Il identical with that Of the old
| Constitution dividing the powers Of the Gov,
eminent into Legislative, Executive and Judicial
Danur,,,nnts ench separate and distinct from the