Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-12-17
CONSTITUTION OF NEVADA.
ooNsTITUTIoNloF NEVADA.


abstract of the Constitution Of the State OF
Nevada adopted on the seventh dayOf sep.
TENDER. 1t is greatly condensed, occupying
but fraction of the room required for the
publication Of the whole document, butwil
be found equally useful and far more con-
venient for reference: rH,FDyfgf
Preceding the Constitution proper is resolu:
ton adopting the Constitution of the United
states and an ordinance forever prohibiting sla-
very securing perfect religious liberation, dis
claiming forever all right and title to unapproPri'
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 cu-
zens otthe proposed State. These ensetments are
made In compliance with the terms of the Ens-
bling Act, and are declared irrevocable without
the consent Of the United States and Of the people
of the State Of Nevada
Thepreamble to the Constitution. Is 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-DEcLARATIoN OF RIGHTS. .ii4
Section declares all men by nature free and
equal, possessing certain inalienable rights ETC.,
the language of the section being merely an am.
phhcatlon 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.
ment in the exercise of all its constitutional pow
ers, as the same have been or may be defined by
SunraTna M In nj nd IN
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 the United States The
Constitution Of the United States confers full
power on the Federal Government to maintain
and perpetuate its existence, and whensoever any
portion of the States, or people thereof, attempt
10 seeede from the Federal Union, or forcibly re.
slst the execution OF its laws, the Federal Gov
eminent may, by warrant of the Constitution,
employ armed force In compelling obedience to
its authority"
Section establishes tho right of trial by Jury,
but provides that thrce.fourths of Jury In any
civil case may find verdict unless the Legisla
ture by u two"thirds vote shall require such ver-
diets TO be unanimous.
Section requires perfect religious liberation
and freedom Of conscience, No person to be ex-
cluded as witness on account of religious opin.
ions.
Section S secures the writ of habeas corpus,
except In cases of rebellion or invasion. -
Section 6 prohibits excessive bail, cruel or I'm.
usual punishments, etc ''..fH
Section requires that all persons accused shall
be bailable, except for capital offenses. ''-
Section g prohibits trials for crime except on
presentment or Indictment, and establishes the
usual safeguards as to personal and property rights
Section 9 secures the freedom of speech and of
the press, and allows the truth 10 be given in ev-
idence, In actions for libel by way Capitalization.
Section 10 establishes the right Of the people to
hold public meetings; etc. fs.... ..... r4E t--..
Section IL subordnRtes the military 10 the civil
power, prohibits standing army in time of peace,
and limits army appropriations in time of war to
two years.
Section IL forbids the billeting of soldiers.
Section Is. Representation shall be apportioned
according to population. '~5s rTEa
Section II requires the exemption Of reasonable
amount Of property from execution for debt, and
forbids imprisonment for debt, cSeeptin case OF
fraud, libel or SANDER"
Section Is forbids the passage Of any bill OF at
thinder, ex post facto law, or law impairing the
obligation of contracts.
Section IL secures 70 foreigners, on becoming
bona fide residents the same property right" as
nRtiveborn citizens. $500
Section II prohibits slavery.
Section 10 protects the people against unreas-
enable searches and seizures, md restricts the is
suing of search warrants.
Section 10 defines treason against the State las
in the United States Constitution) and requires
for conviction "the testimony of two witnesses
to the same overt act, or confession in open Court
Section 20 reserves TO the people any and all
rights not enumerated g. ~. :.
The most considerable change from the old
Constitution in this Article Is in the paramount
allegiance clause of Section q which in the old
Constitution read thus: But the paramount al;
legiance of every citizen is due to the Federal
Government; and 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 States The Constitution Of the United
States confers full power on the Federal Govern
ment to maintain and perpetuate lis existence,
and, whensoeyer any portion Of the States, orpeo.
pie thereof, attempt 10 Secede from the Federal
Union, or orebly resist the execution Of Its laws,
the Federal Government may, by warrant of the
Constitution, employ armed force in compelling
obedience to its authority"
Sectloull OF the old Constitution, prohibiting
the Legislature from granting special privileges,
ETC., was stricken out, as being sufficiently provi.
ded for in the article on Legislative Department.
The words "libel or Islander were inserted
in Section II, relative 10 imprisonment for debt,
on account of the adoption Of stringent provi-
sons for the prevention and punishment ofduelling
victions of treason, was not contained in the old
ARTICLE u-RGHT OF SUFFRAGE.
Section confers the right Of suffrags on every
white male citizen Of the United States, twenty.
one years of age and upwards, "who shall have
actually and not constructivey resided in the
State six months, and in the district or county
thirty days next preceding any election" pro.
vides that 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-cRled 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 an eleetor
Section provides that no. person shall be
deemed to have gained or lost residence for the
purpose of voting while in the service Of the
United States, while 3 student in any seminary OF
learning, nor while kept in any alnshouse, asy.
lum or prison at the public expense. * s....
Sections secures the right Of suffrage 70 United
States soldiers and sailors No poll tax or regis
tration Is required of such voters.
Section4 prohibits arrests on civil process on
election days.
Section provides that all elections by the PEG.
pie shall be by ballot, and by the Legislature
uird uoee. .,-.-F..
law, and authorizes the Legislature TO 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 between the ages of twenty-one and sixty
years of age, uncivilized American Irdians ex-
cepted, one-half 10 90 for State and one-hAlffc for
county purposes The payment Of such tax may,
in the discretion ofithe Legislature, be made a
condition TO the right of voting.
Section & relates TO the qualifications OF voters
on the adoption or rejection Of this Constitution.
! In Section tie wordst actually and mot CON
structively" were not In the old Constitution
They were inserted to prevent the possibility OF
reckoning the residence or the voter from the
time he leaves some other State or county TO
como to Nevada In the last paragraph Of the
sec5bn, after Idiot or insane, the words = or
dislnyal 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 70 cover the
ground sufficiently 81 .,......5II
The provision in Section regarding additional
oaths 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
arrangements 80 ETgg5EL 5IlsDqqG VI" TT
ARTICLE REDISTRIBUTION OF POWERS.
This Article IL identical with that Of the old